1. Purpose
These Terms and Conditions (the “Terms and Conditions” or “Terms”), together with our Privacy Policy, state the terms under which You (“You”, “you”, “your”, “user”) may use this website (the “Site”), our affiliates, and all of our brand names and branded services provide our services (“Services” or “services”) to You (collectively, the “Agreement”). Please read this page carefully. By using this Site, our Services, and consenting, where required by law, to receive mobile marketing texts and calls, You agree to be bound by all the Terms set forth herein. If You do not accept these Terms and Conditions, please do not use this Site or the Services.
2. Copyright
The contents of this Site, such as text, graphics, images, and other content (the “Site Material”) are protected by copyright under United States law. These Terms and Conditions do not grant You any license whatsoever to the Site Material. We authorize You to view and download a single copy of the Site Material for Your non-commercial personal use. Unauthorized use of the Site Material violates copyright and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other site or in a networked environment is prohibited. We retain all intellectual property rights in the Site Material.
3. Trademark
The names, marks and logos appearing on the Site are, unless otherwise noted, trademarks owned by or licensed. Your use of these marks, except as provided in these Terms and Conditions, is strictly prohibited. From time to time, We make fair use in this Site of trademarks owned and used by third parties. We make no claim to ownership of those marks.
4. User Submissions
We welcome Your reviews and comments. However, You acknowledge that if You send Us any reviews, comments, suggestions, ideas, notes, concepts or other information, (collectively, the “Information”), You grant Us the irrevocable, perpetual right to use, alter, publish or delete the Information for any purpose whatsoever without compensation to You or the provider of the Information. Notwithstanding, We disclaim all liability for reviews and comments posted by users on the Site. As a user of this Site, You are responsible for Your own communications. Therefore, do not do any of the following things:
- transmit to Us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner;
- send material that reveals trade secrets, unless You own them or have the permission of the owner;
- send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;
- attempt to breach the security of the Site;
- send advertisements or solicitations of business;
- send chain letters or pyramid schemes; or
- impersonate another person.
We reserve the right to expel You and to prevent You further access to this Site for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of Your right to access or use the Site or Site Material and obligates You to immediately destroy any copies of the Site Material in Your possession. The customer reviews You see on this Site are the result of direct feedback from former or current home services customers. We do not pay customers for reviews. If they participate, reviewers may have the opportunity to enter various contests to be randomly selected as a winner. We do not reward reviewers based on whether their written analysis is positive or negative. Rather, We publish full and complete reviews from individuals without alteration except to remove personally identifying information. We may elect not to publish reviews that contain inappropriate or irrelevant content. We are not responsible for any of the reviews or comments posted on this Site. We do not share the opinions, views, or commentary of any testimonials on this Site, which are strictly the views of the reviewer.
5. Product and Service Rankings
The Site offers a forum, which includes a product and service ranking (“Rankings”), where You may access recommendations of products and services by the Site. The information in our Rankings is provided strictly as a source of information for You and is provided merely as a convenience. It represents our opinion and analysis based on subjective/ objective criteria. It is recommended that You do Your own research and investigation before engaging services with any company regardless of their listing. By developing and posting such Rankings, We make no representation or warranties as to the accuracy or factual basis of the Rankings. In compliance with federal law, all price quotes displayed on the Rankings are updated on at least a weekly basis. However, our evaluation process is a continued development; We may experiment with new processes for our evaluations and add or remove specific elements at any time. We receive compensation from several of the companies which it ranks. Advice, graphics, information, and images contained on this Site are presented for general educational and informational purposes. They are not intended to be legal or other expert advice, recommendations, or services. The information contained on this Site should not be considered exhaustive and should not be used in place of consultation with qualified professionals to meet Your individual needs. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information provided on this Site. We have no control over and do not warrant in any way that prices, taxes, products or descriptions provided by sellers, service providers, or other third parties, or any other content on this Site is accurate, complete, reliable, current, or error-free. We do not have any responsibility for, or liability related to, any products and services listed on this Site. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider. We are not responsible or liable for any decisions or actions You take or authorize third parties to take on Your behalf based on information You receive as a user of the Site. Any information on the Site can change without notice.
6. Links
This Site and the Services contain links to sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by this Site of the contents on those other sites. We are not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Site or the Services. You do so at Your own risk.
7. Indemnity
By using this Site or the Services You agree to defend, indemnify, and hold harmless to us and its Partners from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that We may become obligated to pay arising or resulting from Your use of the site, the Site Material, and the Services, or Your breach of these Terms and Conditions. We reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
8. SEVERABILITY
ANY PROVISION OF THIS AGREEMENT THAT IS PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION SHALL, AS TO SUCH JURISDICTION, BE INEFFECTIVE TO THE EXTENT OF SUCH PROHIBITION OR UNENFORCEABILITY WITHOUT INVALIDATING THE REMAINING PROVISIONS HEREOF, AND ANY SUCH PROHIBITION OR UNENFORCEABILITY IN ANY JURISDICTION SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE SUCH PROVISION IN ANY OTHER JURISDICTION.
9. TELEMARKETING AND EMAIL CONSENT
BY USING THIS SITE OR THE SERVICES OR PROVIDING YOUR CONTACT EMAIL OR TELEPHONE NUMBER TO US, YOU AND ANY OTHER SUBSCRIBER OR USER OF THESE PHONE NUMBER(S) AND EMAIL(S) PROVIDE YOUR PRIOR CONSENT TO RECEIVE MARKETING EMAILS, PHONE CALLS, AND/OR SMS MESSAGES VIA AUTOMATED TECHNOLOGY, AND/OR PRE-RECORDED AND ARTIFICIAL VOICE MESSAGES, ITS AFFILIATES, AND ITS BRAND NAMES AND BRANDED SERVICES AT THE NUMBER(S) AND EMAIL ADDRESSES PROVIDED. YOUR CONSENT IS NOT REQUIRED AS A CONDITION OF PURCHASE. YOU ALSO AGREE TO THESE TERMS AND CONDITIONS AND THE SITES PRIVACY POLICY.
10. GOVERNING LAW AND JURISDICTION
These Terms and Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), are governed by the substantive laws of the State of Utah, without respect to its conflict of laws principles. The exclusive venue for any dispute in connection with this Agreement shall be the state or federal courts located in Salt Lake City, Utah. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
11. ENTIRE AGREEMENT
Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between You and Us with respect to Your use of this Site. These Terms and Conditions supersede any other agreement You may have with Us regarding this subject matter
12. CHANGE TO THE TERMS AND CONDITIONS
We reserve the right, in our sole discretion, to modify these Terms and Conditions, including but not limited to our Mobile Marketing Terms, at any time with or without further notice. To the fullest extent permitted under applicable law, your continued use of the Site or the Service, or by not revoking your consent to receive marketing text or calls, after modification constitutes your acceptance of these Terms as modified. We will provide notice to you if these changes are material only if required by applicable law. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our websites, or by other means, consistent with applicable law.
13. BINDING ARBITRATION, CLASS ACTION WAIVER
IMPORTANT! TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
This agreement to arbitrate does not allow for class arbitrations even if the procedures or rules of the AAA would. Rather, you and we are only entitled to pursue arbitration on an individual, bilateral basis. Further, and unless you and we agree otherwise in writing, the arbitrator(s) may not consolidate more than one individual party’s claims with any other party’s claim and may not otherwise preside over any form of a representative or collective proceeding.
You and we are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
Notwithstanding Section 10 (Severability) if any term of this section 15 is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
