The HomeProsFinder Website (“Platform”) and the services provided thereon (the “Services”) are offered to both professional home contractors (“Professionals”) and their potential clients (“Users”) and conditioned on the acceptance of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”) without modification. Your use of HomeProsFinder is conditioned on your agreement to all such terms, conditions, and notices in effect at the time of use. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by HomeProsFinder on which a link to these Terms and Conditions appears. The failure of HomeProsFinder to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions were enacted on March 1, 2017 and may be modified at any time without notice.
HomeProsFinder is not intended for use by minors under the age of 18. No one under age 18 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Platform or on or through any of its features, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from an individual under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us.
1. Services Offered
HomeProsFinder strives to help Users find the best-qualified Professional to suit their needs in the following service areas: AC & Heating (HVAC), Additions & Remodels, Carpentry, Carpeting, Cleaning Services, Doors & Windows, Drywall, Electrical, Extermination, Fences, Fire Place/Wood Stove, Flooring, Handiwork, Insulation, Landscaping, Moving, Painting, Plumbing, Pools, Hot Tubs, Spas & Saunas, Roofing & Gutters, Septic Tanks, Snow Removal, Sports Surfaces, Waste Removal, and Weather Damage.
After you enter your information, we utilize our proprietary algorithm designed to attempt to match you with a Professional in your geographical area that best meets your requirements. However, we make no guarantee that we will be able to match you with a Professional that is appropriate for your needs. We also reserve the right to alter the manner in which our algorithm operates to select a Professional for you without notice
Although the Professionals that appear on HomeProsFinder have been vetted by other third party service providers, we make no warranty, guarantees, or representation regarding the skills possessed by a Professional or the quality of work they will perform for you. It is up to the User to evaluate any Professional’s qualifications to perform any services the User requests before entering into an agreement with a Professional. A Professional’s inclusion on the HomeProsFinder Platform shall not be considered an endorsement or recommendation by HomeProsFinder.
We make no warranty, guarantees, or representations regarding the pricing each Professional offers on HomeProsFinder. The price listed or quoted by a Professional is not contractually binding upon us and shall not constitute a contract between the User and HomeProsFinder. All services and prices for such services must be negotiated directly between a User and a Professional.
Any dispute arising between a User and a Professional regarding any aspect of an agreement between a User and a Professional or any aspect of the services or pricing agreed upon between a User and a Professional for such services must be resolved between the User and Professional directly. Users and Professionals both agree to release and hold harmless HomeProsFinder and any of our current, past, or future owners, officers, directors, shareholders, affiliates, employees, and agents from any and all damages or claims of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with a User or a Professional. You acknowledge and understand that HomeProsFinder has no obligation to intervene and will not intervene in any dispute between a User and a Professional.
2. Our Use of Users’ Information
We take great care with your information and take steps to protect it and your privacy. However, Users understand and agree that in order to utilize HomeProsFinder, they will be required to disclose certain information about themselves and their service requirements. Users will be able to store some of this personal information on our Platform. Some of this information will be sent to Professionals so that they may respond to your service request. By providing this information to HomeProsFinder, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by Professionals that utilize the HomeProsFinder Platform via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal or state
“Do Not Call” list. You agree to allow us to utilize this information so that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account.
We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience. Information that you provide us in the process of the registration will remain private and secure – including your contact information. You agree to allow HomeProsFinder to provide your anonymized information to our Advertisement Partners so that we may serve you relevant ads on the Platform. We will never sell your information to anyone at any time.
You promise that all information you provide HomeProsFinder (including but not limited to your contact information, and any ratings and reviews of Professionals that you provide) will be accurate, current and truthful. If you provide any information that is untrue, not current or incomplete, or HomeProsFinder has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeProsFinder has the right to refuse you any further use of the Platform. You are responsible for any use of the HomeProsFinder Platform by persons to whom you intentionally or negligently allow access to your password. To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to HomeProsFinder and Professionals, and to consumers, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a service request, including but not limited to some one else’s name, e-mail address, physical address or phone number or a random or made up name, address, e-mail or phone number you agree to fully indemnify and be liable to HomeProsFinder and each Professional who accepts such service requests, for the greater of: (1) a minimum amount of $10,000 to each of HomeProsFinder and each of the affected Professionals and for each of the actual person(s) affected by any of the improper, incorrect or fraudulent information you enter (for example the actual owner of the e-mail address or phone number, etc.), per improper submission, plus any attorneys fees costs and expense relating thereto, if applicable, or (2) the actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, which ever is greater.
3. User Content
Users agree that they have the legal right to post any and all content that they post to HomeProsFinder. Users also agree that any and all content they post or that is posted by their agents on their behalf is the sole and exclusive property of HomeProsFinder. This includes Users’ ratings, reviews, comments, questions, answers, photographs, images, and any other content not defined here posted to the Platform
Users agree that any content that they post or generate will be viewed by the general public and will not be considered private or confidential. Users will not post any content to HomeProsFinder that is false or appears to be false, that is offensive or contains offensive, harmful or abusive language. This includes, without limitation, any and all content that contains expletives, profanities, obscenities, harassment, vulgarities, hate speech, and/or sexually explicit language. Users will not post content to the Platform that is illegal or suggests illegal activity in any form or fashion. We reserve the right to edit or abridge, or refuse to post, or to remove any content you or your agents post if it does not conform to our content requirements.
4. Prohibited Uses of HomeProsFinder
Users acknowledge and agree to use HomeProsFinder for personal use only and to refrain from advertising on the Platform.
Users and Professionals acknowledge that they may not utilize the HomeProsFinder Platform to harass anyone on the Platform for any reason, ever.
Users and Professional may not utilize HomeProsFinder in any way, including any underlying code or design, to recreate the Platform or to create a service designed to compete with HomeProsFinder.
Users and Professionals shall not misuse or circumvent the HomeProsFinder Services or system, uses or attempt to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming.
All information about Users and Professionals is confidential and for your personal use only and shall not be used for any other purposes other than using the Platform as intended.
You acknowledge that a violation of any of the foregoing prohibitions could result in significant damages, and you agree that you are liable to HomeProsFinder for any such damages, and will indemnify HomeProsFinder in the event of any claims against HomeProsFinder based on or arising from your violation of the prohibit uses of the Platform. We reserve the right to revoke your access to HomeProsFinder at any time, for any reason. If it is determined or suspected by HomeProsFinder in its sole discretion that you are misusing or attempting to, HomeProsFinder reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
You agree to allow HomeProsFinder charge your account for any and all fees associated with your subscription to the Platform. Professionals who chose to subscribe to HomeProsFinder will automatically be charged their monthly or annual fees on the anniversary date associated with the date they signed up to the Platform. Professionals who utilize the Platform without a subscription agree to be charged a 3.2% fee on each invoice they submit to Users for services.
Users and Professionals may not offer or accept payments using any method other than those provided on the HomeProsFinder Platform. Any attempt to circumvent the Platform to make or receive a payment for any services booked through HomeProsFinder will result in both the User’s and Professional’s termination from the Platform and they will be banned from using our Services permanently.
HomeProsFinder will allow Users to pay Professionals on the Platform through PayPal and Braintree payments. While HomeProsFinder provides these payment options, we do so as a convenience and Users and Professionals that utilize either payment option agree to hold harmless HomeProsFinder and any of our current, past, or future owners, officers, directors, shareholders, affiliates, employees, and agents from any and all damages or claims of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed that may arise in utilizing either PayPal or Braintree Payments. By utilizing PayPal or Braintree Payments, Users and Professionals both agree to those services’ Terms of Service separately from this document.
6. Third Party Copyrights
HomeProsFinder respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at the contact information contained on our website.
You agree to indemnify HomeProsFinder, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and any partners and hold them each harmless from any and all claims or demands, including attorney’s fees, made by any third party due to or arising from your use of the HomeProsFinder Services in connection with the HomeProsFinder Platform, with regard to any dispute between you and a Professional, or your violation of these terms and conditions, or arising from your violation of any rights of a third party.
8. Arbitration and Governing Law
The exclusive means of resolving any dispute between you and HomeProsFinder or any claim made by you or HomeProsFinder arising out of or relating to your use of this Platform and/or HomeProsFinder’s Services (including any alleged breach of these Terms and Conditions) shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeProsFinder in a small-claims court of competent jurisdiction or as expressly provided by applicable law. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeProsFinder any class action, class arbitration, or other representative action or proceeding. By using this website, you agree to give up your right to go to court (other than a small-claims court) to assert any claims against HomeProsFinder and you agree to pay any and all costs related to any arbitration action you bring. If for any reason this arbitration provision is held to be unenforceable, all disputes between Users or Professionals and HomeProsFinder shall be brought in courts in the state of Virginia and shall be governed by Virginia law.