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Terms & Conditions
This agreement
describes the terms and conditions applicable to your ("SUBSCRIBER") use
of our Service Network ("THE REFERRAL SERVICE") services.
1. Eligible SUBSCRIBERS
By accepting these terms, you confirm that
you are 18 years of age or older, are capable of entering into a binding
agreement, and that you will or have accurately completed any SUBSCRIBER
information and or requests submitted to us.
2. General Disclaimer
In using THE REFERRAL SERVICE, you
acknowledge that THE REFERRAL SERVICE is not acting as your general
contractor, agent, or advisor.
Therefore, it is your sole
responsibility to select SERVICE PROVIDERS and to negotiate the terms/fees
for any work performed.
You may want to consult with appropriate
expert advisers to assist in your home improvements, including a lawyer
regarding contracts, permits, and other necessary job documentation and an
insurance professional regarding the contractor's and your own insurance
coverage requirements.
THE REFERRAL SERVICE does not:
· (i) recommend or endorse any
specific SERVICE PROVIDER
· (ii) provide advice on which
SERVICE PROVIDER to select
· (iii) screen any individual
SERVICE PROVIDER's personal credit or legal standing.
THE REFERRAL SERVICE relies on electronic
data provided by third parties and on statements made by SERVICE PROVIDERS
and their references to determine which SERVICE PROVIDERS to include in
our database.
Due to the inherent time delay in the data gathering
process, pending actions or other issues affecting a SERVICE PROVIDERS
record may have occurred which were not captured by the third party data
sources used by THE REFERRAL SERVICE.
THE REFERRAL SERVICE does not
guarantee that any SERVICE PROVIDERS has insurance coverage at the time
you enter into an agreement with the SERVICE PROVIDERS and makes no
representation as to the adequacy of any insurance coverage (including
amount, breadth, or type). . Unless otherwise specifically stated.
THE
REFERRAL SERVICE does not endorse any product or service described in,
offered on, or linked to any of THE REFERRAL SERVICE's websites.
3. Use of Account;
Privacy
Use of Account, In order to protect the
SUBSCRIBER and the personal information obtained from the SUBSCRIBER, THE
REFERRAL SERVICE will comply with all applicable laws and regulations when
using personal information.
THE REFERRAL SERVICE recognizes that you
have legitimate concerns about privacy. By accepting this Agreement, you
expressly consent to the use and disclosure of your personal information
in that such information shall be used to match you with SERVICE PROVIDERS
as the SUBSCRIBER ha
s
r
equested on the on
line form.
You may copy information provided by THE
REFERRAL SERVICE for your personal use, but you must retain any copyright
notice and other proprietary notice on copied information. You are not
permitted to reproduce, distribute, transmit, publish, or commercially
exploit any information provided by THE REFERRAL SERVICE without the
appropriate permission of the copyright owner. This prohibition precludes
emailing, faxing, posting to any bulletin board, storage in a database
accessible to persons other than yourself, or otherwise making information
available electronically or in any other form.
4. Changes to the Service or
Terms
THE REFERRAL SERVICE may from time to time
without notice change, add, or remove certain features of our service or
change the terms of this Agreement. If you are dissatisfied with any such
changes to the service or this Agreement, you may immediately cancel your
Account by contacting THE REFERRAL SERVICE.
5. Disclaimer of All Warranties / Waiver
of Rights
You understand that
THE REFERRAL SERVICE has no control over any Third Party services.
THE
REFERRAL SERVICE. and its suppliers make no warranty that the service or
the Third Party services will meet your requirements or that use of the
service or the Third Party services will be uninterrupted, timely, secure,
or error-free; nor does THE REFERRAL SERVICE or its suppliers make any
warranty as to the results that may be obtained from use of the service or
the Third Party services, or the accuracy or reliability of any
information obtained through the service or the Third Party services, or
that any defects in the service or the Third Party services will be
corrected.
THE REFERRAL SERVICE and its suppliers disclaim all
warranties of any kind, whether express, implied, or statutory, regarding
the service or the Third Party services. Any material or data obtained
through use of the service or Third Party services must be used at your
own discretion and risk. Some states or jurisdictions do not allow the
exclusion of certain warranties. Therefore, nothing in this section should
be construed as excluding or limiting any warranty beyond what is
permissible under applicable law.
THE REFERRAL SERVICE does not
guarantee the quality or fitness of any work performed by any SERVICE
PROVIDERS.
6. Limitations of THE REFERRAL SERVICE
Liability Release
THE REFERRAL SERVICE and its suppliers will
not be liable for damages of any nature arising from or relating to your
use of the service or the Third Party services or use thereof by anyone
else through your account.
THE REFERRAL SERVICE's total cumulative
liability to you and anyone who uses the service or the Third Party
services through your account, for any and all claims under any theory of
law (including negligence), will not exceed $1,000 or the aggregate amount
you paid to THE REFERRAL SERVICE in the preceding 12 months, whichever is
greater. Some states or jurisdictions do not allow the exclusion or
limitation of certain types of liability. Therefore, the above limitations
of liability may not apply to you to that extent, and nothing in this
section should be construed as excluding or limiting THE REFERRAL
SERVICE's liability beyond what is permissible under applicable law.
You agree not to hold THE REFERRAL SERVICE responsible for any damages
or other liabilities arising from work performed by any contractor.
Because THE REFERRAL SERVICE is not and cannot be involved in your
dealings with SERVICE PROVIDERs or control whether or not SERVICE
PROVIDERs will complete any work as agreed, in the event that you have a
dispute with one or more SERVICE PROVIDERs, you release THE REFERRAL
SERVICE (and our 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 such disputes.
7. Termination of Account
You may terminate your account, this
Agreement, and your right to use the service, at any time and for any
reason or no reason, by contacting THE REFERRAL SERVICE Project Services
team. Notifying THE REFERRAL SERVICE in any other way of your desire to
terminate your account may result in delays in processing your request.
THE REFERRAL SERVICE reserves the right to immediately suspend or
terminate your account in its sole discretion. Upon any such termination
of your account, you will remain obligated to pay all outstanding fees and
charge
s
r
elating to your use of
any the fee-based services before termination. Sections 2, 5, and 8 will
remain in effect notwithstanding the termination of your account or this
Agreement.
8. Miscellaneous
THE
REFERRAL SERVICE, the SERVICE PROVIDERs, and any marketing Partners are
separate entities and share no agency, partnership, franchise, joint
venture, or employment relationship.
This document and the
page
s
r
eferred
to herein represent the entire agreement governing your use of the service
and supersede any prior or contemporaneous written or oral statements by
THE REFERRAL SERVICE or it
s
r
epresentatives
or resellers.
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