This Agreement sets forth the terms and conditions ("Terms and Conditions of Use") applicable to you (the "Subscriber") in your use of the Housing, Inc. web site (the "Web Site") and all services available through the Web Site and through other sources authorized by Housing, Inc. including but not limited to completion of the Find A Contractor project profile, correspondence and communications with us regarding your home improvement project, correspondence and communication with any service provider (each a "Service Provider") who received the lead for your home improvement or repair project from us ("The Referral Service and estimates for home improvement projects or repairs, answers to questions regarding home improvement projects, scheduling maintenance and small repairs, and correspondence and communication with any advertiser introduced to you through the Web Site (each an "Advertiser") (collectively all of these services are referred to as the "Housing Services").
1. Eligible Subscribers and Communications
To be an eligible Subscriber, you must be at least eighteen years of age and represent that you have accurately completed the information which you will be submitting in the Find A Contractor project profile. You expressly agree that Housing may contact you from time to time via fax, email, internet, or telephone (including contact by use of automated telephone equipment with an artificial or prerecorded voice) with regard to your use of the Web Site or the Referral Service, that such contact is expressly granted, and that such contact shall not be deemed to be unsolicited. In addition, you expressly agree that any Advertiser introduced to you through the Web Site may contact you from time to time in the same manner set forth above unless you have indicated, in the manner set forth in our Privacy Policy, that you do not want your personally-identifying information shared with a third party in which case Advertisers will not be permitted to contact you.
2. No Agency
Service Providers informed of your home improvement project through The Referral Service are independent contractors of Housing, Inc., and nothing in such relationships shall be construed to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship.
3. No Duty
By use of The Referral Service, you acknowledge and agree that we are not acting as an agent or advisor for any Service Provider identified through The Referral Service. We take reasonable efforts to screen Service Providers for participation in the Referral Service, but we make no representations, warranties or guaranties regarding any Service Provider. Therefore, it is your sole responsibility to conduct your own evaluation of each Service Provider, to select a Service Provider that suits your needs and to negotiate the terms for any work to be performed by the Service Provider you select. You undertake the engagement of a Service Provider at your own risk. You may elect to consult with expert advisors of your choosing to assist in evaluating aspects of your home improvement project, including but not limited to an attorney of your choosing regarding contracts, permits, and other issues, a tax advisor, and an insurance professional regarding risk analysis and coverage . The Referral Service does not:
(i) endorse or recommend any specific Service Provider;
(ii) provide advice on selection of any Service Provider;
(iii) warrant or guarantee the quality of any of the work a Service Provider provides to a Subscriber;
(iv) make any representations or warranties regarding the qualifications of a Service Provider for a specific home improvement project or repairs.
By use of the Housing Services, you acknowledge and agree that we are not acting as an agent or advisor for any Advertiser introduced to you through the Web Site. We make no representations, warranties or guaranties regarding any Advertiser.
Housing, Inc. expressly denies the existence of and disclaims any duty, obligation or liability regarding any action or inaction of a Service Provider or Advertiser.
4. Changes to the Web Site, The Referral Service or the Terms and Conditions of Use
Housing, Inc. specifically reserves the right in its sole discretion and without notice, to add to, remove from, modify or amend any feature on its Web Site or components of the Housing Services including provisions of the Terms and Conditions of Use.
5. Denial and Disclaimer
You acknowledge and agree that use of the Housing Services is free of charge by Housing, Inc. and that use thereof is provided on an "AS IS" basis without any recourse whatsoever against Housing, Inc. Housing, Inc. hereby makes no representations or warranties of any kind, express or implied, as to any Service Provider, the quality of work provided by such Service Provider or the accuracy or completeness of any information provided to you through the Housing Services. As a Subscriber you expressly agree that any use of information available through the Housing Services is for your personal use and such information will be utilized at your own risk.
6. Limitations of Housing, Inc.'s Liability and Release
Housing, Inc. will not be liable for damages of any nature arising from or relating to your use of the Housing Services or use thereof by anyone else for the worked performed or otherwise. You access the Web Site and utilize the Housing Services on an "as is, where is" basis. Housing, Inc.'s total cumulative liability to you and anyone who uses the Housing Services through your account, for any and all claims under any theory of law (including negligence), will not exceed $1.00 You agree not to hold Housing, Inc. responsible for any damages or other liabilities arising from work performed by any Service Provider. Housing, Inc. does not undertake any responsibility or obligation in your negotiations with or engagement of any Service Provider and exerts no control over the performance by any Service Provider for work you may contract . In the event that you have a dispute or controversy with any Service Provider, you release and discharge Housing, Inc., its subsidiaries, affiliates, officers, directors, agents, and employees from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your negotiations with or engagement of any Service Provider.
7. Indemnity.
You agree to indemnify and hold Housing, Inc., its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Housing Services.
8. Choice of Law and Dispute Resolution.
The Web Site and the Find A Contractor project profile are controlled by Housing, Inc. from its offices within the State of California. It can be accessed from all 50 states and other countries around the world. Because each of these places has laws that may differ from those of California, by accessing the Web Site or the Find A Contractor project profile or by use of the Housing Services, both you and Housing, Inc. agree that all matters related to your use of the Housing Services shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of laws, as if performance was entirely within the State of California. For any claim or controversy related to your use of the Housing Services, you and Housing, Inc. agree to the alternate dispute resolution procedure of mediation to be held in Phoenix, California in accordance with the Commercial Mediation Rules of the American Arbitration Association followed, if necessary, by binding, non-appealable arbitration administered in San Francisco, California. In the event the parties must resolve a claim or controversy by arbitration then such arbitration proceeding shall be before a panel of one (1) arbitrator agreeable to both parties under the then current commercial rules of the American Arbitration Association. If the parties cannot agree on the arbitrator within sixty (60) days after a demand for arbitration has been requested in writing by either of them, then arbitration shall proceed before one (1) arbitrator appointed by the American Arbitration Association under its then current commercial rules. Such arbitrator shall have experience in the construction industry and shall be either a business executive or lawyer who has participated previously in arbitration or dispute resolution proceedings. Any arbitration shall consist of not more than three (3) days of hearings all of which shall occur within sixty days after the arbitrators have been selected. The discovery permitted in any arbitration shall be limited as follows: either party shall have the right to take up to five days combined of deposition testimony (eight hour days) from the other party's percipient witnesses (those witnesses who are listed by a party as those persons which the party intends to call on its behalf in the arbitration.) A party shall list all such witnesses and send such list to the other party within ten (10) days after the arbitrators have been selected and/or those witnesses who are third parties who may not participate in the arbitration. Any deposition session lasting more than four hours shall count as an eight hour day. All such discovery shall occur prior to the first arbitration hearing date. All hearing days for any arbitration shall occur within two weeks after the first day of such hearing. The arbitrator shall issue a written decision with findings of fact and reason for his (her) decision within two weeks after the final hearing date. The arbitration award shall be specifically enforceable, and judgment upon any award rendered pursuant to the arbitration may be entered in any court with jurisdiction over the parties and subject matter of the dispute. Either party may seek injunctive relief (temporary, preliminary and/or permanent) in a court of law for any breach by either party of the other's proprietary rights or breach of a party's non-disclosure obligations as set forth herein. The arbitrator shall have no right to award punitive damages or any equitable relief of any kind. Either party, before or during any arbitration, may apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of the arbitration proceeding. Neither party nor the arbitrators may disclose the existence or results of any arbitration hereunder without prior written consent of both parties. No arbitration proceeding or legal action, regardless of its form, relating to or arising out of your use of the Housing Services, may be brought by either party more than one (1) year after the cause of action first accrued. If for any reason, provisions for arbitration set forth herein are not enforceable, then you and Housing, Inc. agree and consent to the jurisdiction of the county, state and federal courts sitting in San Francisco County, California for the resolution of any and all claims or controversies related to your use of the Housing Services. Housing, Inc. makes no representations or warranties that materials available through the Housing Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
9. Privacy Policy.
Refer to the Privacy Policy and corresponding Privacy Statement set forth on our Web Site.
10. Entirety of Agreement.
The Housing, Inc. Terms and Conditions of Use constitute the entire and only agreement between Housing and you and supersedes any and all prior or contemporaneous agreement, representations, warranties and understandings with respect to the Web Site, the content, goods and services provided by or through the Web Site, and the subject matter of this Agreement. You agree to review the Terms and Conditions of Use prior to using the Housing Services or the Referral Service and your use of the Housing Services or the Referral Service shall be deemed acceptance of the Terms and Conditions of Use.
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