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- Terms & Conditions
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- Large Service Providers
- HomeAdvisor Concierge Terms
- Angi Key Membership Terms
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Terms & Conditions
Effective January 29th 2024
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews.- ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HOMEADVISOR (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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 - ANGI KEY MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer consumers the opportunity to purchase certain Book Now Services and other HomeAdvisor services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, HomeAdvisor reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Angi Key Membership period.
- OFFERS AND DISCOUNTS.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Book Now Services. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Promotional Coupons.
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
- You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs. - Help
Text the keyword HELP to our shortcode to return customer care contact information. - You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform or via HomeAdvisor's website.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO BOOK NOW SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment:
- Licensing - Upon joining the HomeAdvisor network, SPs affirm that they possess all state and local licenses applicable for the work they perform for HomeAdvisor customers. HomeAdvisor does not verify licensing, so we recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you also verify that all the sub-contractors doing work on your project carry the appropriate licensing. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - You may be matched with a service professional from our affiliate, Angi. These service professionals have not been screened per the procedure set forth in Section 12, but have undergone the screening set forth at www.angi.com/screening.
- 12. RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. You acknowledge that HomeAdvisor may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HomeAdvisor only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HomeAdvisor and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HomeAdvisor disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- *NOTICE OF RIGHTS*. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS. You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective January 3rd 2023 to January 29th 2024
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews.- ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HOMEADVISOR (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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 - ANGI KEY MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer consumers the opportunity to purchase certain Book Now Services and other HomeAdvisor services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, HomeAdvisor reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Angi Key Membership period.
- OFFERS AND DISCOUNTS.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Book Now Services. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Promotional Coupons.
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
- You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs. - Help
Text the keyword HELP to our shortcode to return customer care contact information. - You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform or via HomeAdvisor's website.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO BOOK NOW SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment:
- Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - You may be matched with a service professional from our affiliate, Angi. These service professionals have not been screened per the procedure set forth in Section 12, but have undergone the screening set forth at www.angi.com/screening.
- 12. RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. You acknowledge that HomeAdvisor may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HomeAdvisor only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HomeAdvisor and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HomeAdvisor disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- *NOTICE OF RIGHTS*. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS. You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective November 11th 2022 to January 3rd 2023
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews.- ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HOMEADVISOR (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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 - ANGI KEY MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer consumers the opportunity to purchase certain Book Now Services and other HomeAdvisor services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, HomeAdvisor reserves the right to cancel any Book Now Service appointments scheduled outside the current paid HAngi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non Book Now Services, your discount is capped at $35 per service and must be requested via HomeAdvisor.
- OFFERS AND DISCOUNTS.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Book Now Services. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Promotional Coupons.
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
- You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs. - Help
Text the keyword HELP to our shortcode to return customer care contact information. - You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform or via HomeAdvisor's website.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO BOOK NOW SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment:
- Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - You may be matched with a service professional from our affiliate, Angi. These service professionals have not been screened per the procedure set forth in Section 12, but have undergone the screening set forth at www.angi.com/screening.
- 12. RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. You acknowledge that HomeAdvisor may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HomeAdvisor only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HomeAdvisor and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HomeAdvisor disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- *NOTICE OF RIGHTS*. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS. You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective May 4th 2022 to November 11th 2022
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews.- ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HOMEADVISOR (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the Angi mobile application (“Payments”). If your Service Professional has opted in to Payments, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Payments to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using Payments even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in Payments and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Payments at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Payments with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Payments are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through Payments are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through Angi Pay is declined or returned by the payment network.
- Payments may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Payments to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Payments to purchase any services or products that violate these Terms, other policies or rules applicable to Payments, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Payments and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through Payments. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Payments. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Payments. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Payments through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- ANGI KEY MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer consumers the opportunity to purchase certain Book Now Services and other HomeAdvisor services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, HomeAdvisor reserves the right to cancel any Book Now Service appointments scheduled outside the current paid HAngi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non Book Now Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via Angi Pay.
- OFFERS AND DISCOUNTS.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Book Now Services or service requests made through Angi Pay on the Angi App (you must download the Angi App to use Angi Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Promotional Coupons.
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
- You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs. - Help
Text the keyword HELP to our shortcode to return customer care contact information. - You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform or via HomeAdvisor's website.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO BOOK NOW SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment:
- Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - You may be matched with a service professional from our affiliate, Angi. These service professionals have not been screened per the procedure set forth in Section 12, but have undergone the screening set forth at www.angi.com/screening.
- 13. RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. You acknowledge that HomeAdvisor may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HomeAdvisor only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HomeAdvisor and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HomeAdvisor disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- *NOTICE OF RIGHTS*. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS. You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective January 20th 2022 to May 4th 2022
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews.- ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HOMEADVISOR (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“Payments”). If your Service Professional has opted in to Payments, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Payments to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using Payments even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in Payments and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Payments at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Payments with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Payments are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through Payments are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- Payments may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Payments to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Payments to purchase any services or products that violate these Terms, other policies or rules applicable to Payments, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Payments and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through Payments. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Payments. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Payments. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Payments through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer consumers the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the consumer first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- OFFERS AND DISCOUNTS.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Promotional Coupons.
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
- You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs. - Help
Text the keyword HELP to our shortcode to return customer care contact information. - You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform or via HomeAdvisor's website.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment:
- Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - You may be matched with a service professional from our affiliate, Angi. These service professionals have not been screened per the procedure set forth in Section 12, but have undergone the screening set forth at www.angi.com/screening.
- 13. RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. You acknowledge that HomeAdvisor may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HomeAdvisor only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HomeAdvisor and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HomeAdvisor disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- *NOTICE OF RIGHTS*. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS. You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective April 8th 2021 to January 20th 2022
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews.- ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HOMEADVISOR (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“Payments”). If your Service Professional has opted in to Payments, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Payments to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using Payments even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in Payments and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Payments at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Payments with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Payments are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through Payments are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- Payments may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Payments to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Payments to purchase any services or products that violate these Terms, other policies or rules applicable to Payments, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Payments and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through Payments. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Payments. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Payments. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Payments through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer consumers the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the consumer first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- OFFERS AND DISCOUNTS.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Promotional Coupons.
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
- You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs. - Help
Text the keyword HELP to our shortcode to return customer care contact information. - You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment:
- Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - You may be matched with a service professional from our affiliate, Angi. These service professionals have not been screened per the procedure set forth in Section 12, but have undergone the screening set forth at www.angi.com/screening.
- 13. RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. You acknowledge that HomeAdvisor may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HomeAdvisor only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HomeAdvisor and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HomeAdvisor disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- *NOTICE OF RIGHTS*. By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS. You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective March 17th 2021 to April 8th 2021
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 14, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HOMEADVISOR (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - PAYMENTS
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“Payments”). If your Service Professional has opted in to Payments, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Payments to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using Payments even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in Payments and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Payments at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Payments with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Payments are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through Payments are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- Payments may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Payments to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Payments to purchase any services or products that violate these Terms, other policies or rules applicable to Payments, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Payments and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through Payments. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Payments. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Payments. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 22. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Payments through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“Payments”). If your Service Professional has opted in to Payments, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Payments to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using Payments even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer consumers the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the consumer first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - You may be matched with a service professional from our affiliate, Angi. These service professionals have not been screened per the procedure set forth in Section 13, but have undergone the screening set forth at www.angi.com/screening.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. You acknowledge that HomeAdvisor may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HomeAdvisor only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HomeAdvisor and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HomeAdvisor disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 22. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective March 11th 2021 to March 17th 2021
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. You acknowledge that HomeAdvisor may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HomeAdvisor only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HomeAdvisor and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HomeAdvisor disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 25. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective January 11th 2021 to March 11th 2021
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 25. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 22nd 2020 to January 11th 2021
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - HOMEADVISOR MESSAGING
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HomeAdvisor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. HomeAdvisor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HomeAdvisor also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HomeAdvisor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HomeAdvisor and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HomeAdvisor through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 25. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 4th 2020 to December 22nd 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 4th 2020 to December 4th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - PRODUCT LIABILITY. Neither HomeAdvisor nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HomeAdvisor giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, installed, or delivered by HomeAdvisor or any of its affiliates.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective September 9th 2020 to December 4th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective August 27th 2020 to September 9th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective August 21st 2020 to August 27th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective July 30th 2020 to August 21st 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective July 30th 2020 to July 30th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot and Empire, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective July 20th 2020 to July 30th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective July 14th 2020 to July 20th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective April 9th 2020 to July 14th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective April 3rd 2020 to April 9th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective March 19th 2020 to April 3rd 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective March 19th 2020 to March 19th 2020
DownloadSummary of changes
Table of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective March 19th 2020 to March 19th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. GENERAL PROVISIONS
- You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective February 27th 2020 to March 19th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- [Placeholder for guarantee terms]
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective February 27th 2020 to February 27th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- [Placeholder for guarantee terms]
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective February 5th 2020 to February 27th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 30th 2019 to February 5th 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted).
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 12th 2019 to December 30th 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted).
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 4th 2019 to December 12th 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted).
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy Technologies, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, except as noted below, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background (“Background Check Process”). Some service professionals are employees, franchisees, dealers, or independent contractors of larger national or corporate companies. For these professionals only the Background Check Process of the above screening process is performed.
Checkr's Background Check Process Checkr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches: - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with with independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester and Service Provider have agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses and applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE: Requesters may cancel the automatically renewing Recurrent Service at any time AT ANY TIME by visiting the HomeAdvisor Help Center https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HOMEADVISOR’S CANCELLATION POLICY AS SET FORTH BELOW.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider's Completion of the Professional Service to our Requester by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurrent Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider's completion of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the HomeAdvisor Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment; AUTOMATIC RENEWAL. Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurrent Service without a minimum commitment. The HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH BELOW.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Platform Membership ("HomeAdvisor Platform Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Platform Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR PLATFORM MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR PLATFORM MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Platform Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Savings Membership
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 3rd 2019 to December 4th 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted).
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy Technologies, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, except as noted below, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background (“Background Check Process”). Some service professionals are employees, franchisees, dealers, or independent contractors of larger national or corporate companies. For these professionals only the Background Check Process of the above screening process is performed.
Checkr's Background Check Process Checkr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches: - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with with independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester and Service Provider have agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses and applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE: Requesters may cancel the automatically renewing Recurrent Service at any time AT ANY TIME by visiting the HomeAdvisor Help Center https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HOMEADVISOR’S CANCELLATION POLICY AS SET FORTH BELOW.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider's Completion of the Professional Service to our Requester by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurrent Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider's completion of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the HomeAdvisor Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment; AUTOMATIC RENEWAL. Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurrent Service without a minimum commitment. The HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH BELOW.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Platform Membership ("HomeAdvisor Platform Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Platform Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR PLATFORM MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR PLATFORM MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Platform Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Savings Membership
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective November 21st 2019 to December 3rd 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy Technologies, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, except as noted below, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background (“Background Check Process”). Some service professionals are employees, franchisees, dealers, or independent contractors of larger national or corporate companies. For these professionals only the Background Check Process of the above screening process is performed.
Checkr's Background Check Process Checkr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches: - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with with independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester and Service Provider have agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses and applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE: Requesters may cancel the automatically renewing Recurrent Service at any time AT ANY TIME by visiting the HomeAdvisor Help Center https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HOMEADVISOR’S CANCELLATION POLICY AS SET FORTH BELOW.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider's Completion of the Professional Service to our Requester by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurrent Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider's completion of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the HomeAdvisor Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment; AUTOMATIC RENEWAL. Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurrent Service without a minimum commitment. The HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH BELOW.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Platform Membership ("HomeAdvisor Platform Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Platform Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR PLATFORM MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR PLATFORM MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Platform Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Savings Membership
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective November 19th 2019 to November 21st 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HomeAdvisor AND THE SERVICE 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 HomeAdvisor AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks.
Checkr's Background Check ProcessCheckr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches:IDENTITY VERIFICATION Social Security Number (SSN) verification is the most efficient way to verify these potential service professional's identities. If an identity cannot be verified, the Checkr system alerts these potential service professionals to request additional documentation.ADDRESS HISTORY Checkr's Identity Check includes a trace of all known domestic addresses over the past seven years. Based on this information, Checkr searches relevant court jurisdictions for the same time period.Criminal Records CheckCOUNTY CRIMINAL RECORDS CHECK Checkr performs direct searches of county court records. Results include felony and misdemeanor criminal cases as well as, charges, disposition, dates and sentencing information.NATIONAL CRIMINAL RECORDS CHECK This check scours over 30 million records and is run concurrent with the county criminal records check.GLOBAL WATCHLIST CHECK This check searches known domestic and international terrorist watchlists as well as the records of the Office of Inspector General (OIG), Excluded Parties List (EPL) and additional domestic and international agency lists.SEX OFFENDER REGISTRY CHECK Checkr searches registries for every state. In certain states, the information publicly available does not include all registered sex offenders and may not include all out-of-state sex offenders, depending on variations in state law.Review & ActivationFor Fixed Price Services, we review the background checks in compliance with applicable law before determining whether such applicant should be activated to use the platform. - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with individuals seeking to provide services ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the Handy Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan with a minimum commitment, your minimum commitment plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Professional Services cleaning plan with a minimum commitment, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment. Once your minimum commitment period is complete, your selected plan will remain active and the HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you and will charge your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in Section 3.g. below.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Select.
- Membership: HomeAdvisor may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly HomeAdvisor Platform Select Membership ("HomeAdvisor Select").
- Billing and Renewal: When you first sign up and purchase HomeAdvisor Select, you will be billed immediately for your initial HomeAdvisor Select subscription period. By enrolling in HomeAdvisor Select, in addition to any Professional Services you purchase through HomeAdvisor Select, you authorize HomeAdvisor to charge you for your initial HomeAdvisor Select subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your HomeAdvisor Select will automatically renew and prior to the start of the next subscription period, you will be charged the applicable HomeAdvisor Select fee to your provided payment method on a recurring basis until canceled as set forth herein.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. - Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in HomeAdvisor Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 3.g. above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Select period will be based on the original enrollment or renewal date and not the date of the successful charge.
- Cancellation of HomeAdvisor Select: You will not be charged a HomeAdvisor Select fee for the subsequent period if you cancel your HomeAdvisor Select at least three days before your next HomeAdvisor Select renewal date. You may cancel your HomeAdvisor Select by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Select you will continue to have access to your HomeAdvisor Select through the end of your current paid HomeAdvisor Select period. Should you cancel your HomeAdvisor Select, HomeAdvisor reserves the right to cancel any Professional Service appointments scheduled outside the current paid HomeAdvisor Select period.
- HomeAdvisor Select Refunds: The HomeAdvisor Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of HomeAdvisor Select within three days of (1) signing up for HomeAdvisor Select or (2) converting from a free HomeAdvisor Select trial to a paid HomeAdvisor Select, we will refund your HomeAdvisor Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the HomeAdvisor Select fee (a) if you purchased HomeAdvisor Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your HomeAdvisor Select membership to purchase any Professional Services.
- Membership Plans/Promotional Trial Memberships: HomeAdvisor sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective October 8th 2019 to November 19th 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HomeAdvisor AND THE SERVICE 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 HomeAdvisor AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks.
Checkr's Background Check ProcessCheckr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches:IDENTITY VERIFICATION Social Security Number (SSN) verification is the most efficient way to verify these potential service professional's identities. If an identity cannot be verified, the Checkr system alerts these potential service professionals to request additional documentation.ADDRESS HISTORY Checkr's Identity Check includes a trace of all known domestic addresses over the past seven years. Based on this information, Checkr searches relevant court jurisdictions for the same time period.Criminal Records CheckCOUNTY CRIMINAL RECORDS CHECK Checkr performs direct searches of county court records. Results include felony and misdemeanor criminal cases as well as, charges, disposition, dates and sentencing information.NATIONAL CRIMINAL RECORDS CHECK This check scours over 30 million records and is run concurrent with the county criminal records check.GLOBAL WATCHLIST CHECK This check searches known domestic and international terrorist watchlists as well as the records of the Office of Inspector General (OIG), Excluded Parties List (EPL) and additional domestic and international agency lists.SEX OFFENDER REGISTRY CHECK Checkr searches registries for every state. In certain states, the information publicly available does not include all registered sex offenders and may not include all out-of-state sex offenders, depending on variations in state law.Review & ActivationFor Fixed Price Services, we review the background checks in compliance with applicable law before determining whether such applicant should be activated to use the platform. - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with individuals seeking to provide services ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the Handy Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan with a minimum commitment, your minimum commitment plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Professional Services cleaning plan with a minimum commitment, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment. Once your minimum commitment period is complete, your selected plan will remain active and the HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you and will charge your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in Section 3.g. below.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Select.
- Membership: HomeAdvisor may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly HomeAdvisor Platform Select Membership ("HomeAdvisor Select").
- Billing and Renewal: When you first sign up and purchase HomeAdvisor Select, you will be billed immediately for your initial HomeAdvisor Select subscription period. By enrolling in HomeAdvisor Select, in addition to any Professional Services you purchase through HomeAdvisor Select, you authorize HomeAdvisor to charge you for your initial HomeAdvisor Select subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your HomeAdvisor Select will automatically renew and prior to the start of the next subscription period, you will be charged the applicable HomeAdvisor Select fee to your provided payment method on a recurring basis until canceled as set forth herein.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. - Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in HomeAdvisor Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 3.g. above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Select period will be based on the original enrollment or renewal date and not the date of the successful charge.
- Cancellation of HomeAdvisor Select: You will not be charged a HomeAdvisor Select fee for the subsequent period if you cancel your HomeAdvisor Select at least three days before your next HomeAdvisor Select renewal date. You may cancel your HomeAdvisor Select by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Select you will continue to have access to your HomeAdvisor Select through the end of your current paid HomeAdvisor Select period. Should you cancel your HomeAdvisor Select, HomeAdvisor reserves the right to cancel any Professional Service appointments scheduled outside the current paid HomeAdvisor Select period.
- HomeAdvisor Select Refunds: The HomeAdvisor Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of HomeAdvisor Select within three days of (1) signing up for HomeAdvisor Select or (2) converting from a free HomeAdvisor Select trial to a paid HomeAdvisor Select, we will refund your HomeAdvisor Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the HomeAdvisor Select fee (a) if you purchased HomeAdvisor Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your HomeAdvisor Select membership to purchase any Professional Services.
- Membership Plans/Promotional Trial Memberships: HomeAdvisor sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective October 8th 2019 to October 8th 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeAdvisor does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. HomeAdvisor does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 SERVICE PROFESSIONALS.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system, or are using or attempting 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, HomeAdvisor 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HomeAdvisor AND THE SERVICE 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 HomeAdvisor AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of HomeAdvisor, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeAdvisor checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks.
Checkr's Background Check ProcessCheckr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches:IDENTITY VERIFICATION Social Security Number (SSN) verification is the most efficient way to verify these potential service professional's identities. If an identity cannot be verified, the Checkr system alerts these potential service professionals to request additional documentation.ADDRESS HISTORY Checkr's Identity Check includes a trace of all known domestic addresses over the past seven years. Based on this information, Checkr searches relevant court jurisdictions for the same time period.Criminal Records CheckCOUNTY CRIMINAL RECORDS CHECK Checkr performs direct searches of county court records. Results include felony and misdemeanor criminal cases as well as, charges, disposition, dates and sentencing information.NATIONAL CRIMINAL RECORDS CHECK This check scours over 30 million records and is run concurrent with the county criminal records check.GLOBAL WATCHLIST CHECK This check searches known domestic and international terrorist watchlists as well as the records of the Office of Inspector General (OIG), Excluded Parties List (EPL) and additional domestic and international agency lists.SEX OFFENDER REGISTRY CHECK Checkr searches registries for every state. In certain states, the information publicly available does not include all registered sex offenders and may not include all out-of-state sex offenders, depending on variations in state law.Review & ActivationFor Fixed Price Services, we review the background checks in compliance with applicable law before determining whether such applicant should be activated to use the platform. - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with individuals seeking to provide services ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the Handy Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan with a minimum commitment, your minimum commitment plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Professional Services cleaning plan with a minimum commitment, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment. Once your minimum commitment period is complete, your selected plan will remain active and the HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you and will charge your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in Section 3.g. below.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Select.
- Membership: HomeAdvisor may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly HomeAdvisor Platform Select Membership ("HomeAdvisor Select").
- Billing and Renewal: When you first sign up and purchase HomeAdvisor Select, you will be billed immediately for your initial HomeAdvisor Select subscription period. By enrolling in HomeAdvisor Select, in addition to any Professional Services you purchase through HomeAdvisor Select, you authorize HomeAdvisor to charge you for your initial HomeAdvisor Select subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your HomeAdvisor Select will automatically renew and prior to the start of the next subscription period, you will be charged the applicable HomeAdvisor Select fee to your provided payment method on a recurring basis until canceled as set forth herein.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. - Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in HomeAdvisor Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 3.g. above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Select period will be based on the original enrollment or renewal date and not the date of the successful charge.
- Cancellation of HomeAdvisor Select: You will not be charged a HomeAdvisor Select fee for the subsequent period if you cancel your HomeAdvisor Select at least three days before your next HomeAdvisor Select renewal date. You may cancel your HomeAdvisor Select by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Select you will continue to have access to your HomeAdvisor Select through the end of your current paid HomeAdvisor Select period. Should you cancel your HomeAdvisor Select, HomeAdvisor reserves the right to cancel any Professional Service appointments scheduled outside the current paid HomeAdvisor Select period.
- HomeAdvisor Select Refunds: The HomeAdvisor Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of HomeAdvisor Select within three days of (1) signing up for HomeAdvisor Select or (2) converting from a free HomeAdvisor Select trial to a paid HomeAdvisor Select, we will refund your HomeAdvisor Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the HomeAdvisor Select fee (a) if you purchased HomeAdvisor Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your HomeAdvisor Select membership to purchase any Professional Services.
- Membership Plans/Promotional Trial Memberships: HomeAdvisor sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@homeadvisor.com. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
You acknowledge and agree that the HomeAdvisor Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeAdvisor's sole obligation to you or any third party for any claim arising out of your use of the HomeAdvisor Services or the HomeAdvisor or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeAdvisor EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeAdvisor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeAdvisor's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeAdvisor to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Angi Terms of Use
Effective August 5th 2021
DownloadTable of Contents
Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
Effective August 5th 2021 to August 5th 2021
DownloadTable of Contents
Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
Effective March 17th 2021 to August 5th 2021
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Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
Effective September 21st 2020 to March 17th 2021
DownloadTable of Contents
- violate these Terms of Use, other applicable agreement with Angie’s List, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angie’s List or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angie’s List by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angie’s List, including any Angie’s List account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angie’s List and provided for by the Sites and Services.
- you grant to Angie’s List a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angie’s List all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angie’s List, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angie’s List may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angie’s List to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you post Content in violation of these Terms of Use, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
Effective April 24th 2017 to September 21st 2020
DownloadTable of Contents
- violate these Terms of Use, other applicable agreement with Angie’s List, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angie’s List or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angie’s List by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angie’s List, including any Angie’s List account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angie’s List and provided for by the Sites and Services.
- you grant to Angie’s List a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angie’s List all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angie’s List, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angie’s List may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angie’s List to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you post Content in violation of these Terms of Use, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
Angi Mobile Alerts Terms and Conditions
Effective January 8th 2025
DownloadTable of Contents
- Mobile number 264437: Transactional messages such as message reminders, project requests, review verification.
- Mobile number 51781: Transactional messages such as notifications for service professionals accepting projects or awaiting message response.
- Mobile number 48707: Marketing messages such as coupons, offers, seasonal weather reminders, tips, and promotional content related to Angi services.
- Mobile number 99828: Marketing messages such as member offers, limited time offers for prospects, product launch announcements
- Text HOME to 48707, to receive text messages from Angi.
- Text messages to 264437 to receive text messages from Angi.
Text STOP to 99828, 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 99828, 48707, 51781, or 264437 or call (888) 811-ANGI.
AT&T, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
Effective August 3rd 2023 to January 8th 2025
DownloadTable of Contents
- Mobile number 264437: Transactional messages such as message reminders, project requests, review verification.
- Mobile number 51781: Transactional messages such as notifications for service professionals accepting projects or awaiting message response.
- Mobile number 48707: Marketing messages such as coupons, offers, seasonal weather reminders, tips, and promotional content related to Angi services.
- Mobile number 99828: Marketing messages such as member offers, limited time offers for prospects, product launch announcements
- Text HOME to 48707, to receive text messages from Angi.
- Text messages to 264437 to receive text messages from Angi.
Text STOP to 99828, 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 99828, 48707, 51781, or 264437 or call (888) 811-ANGI.
AT&T, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
Effective August 2nd 2023 to August 3rd 2023
DownloadTable of Contents
- Mobile number 264437: Transactional messages such as message reminders, project requests, review verification.
- Mobile number 51781: Transactional messages such as notifications for service professionals accepting projects or awaiting message response.
- Mobile number 48707: Marketing messages such as coupons, offers, seasonal weather reminders, tips, and promotional content related to Angi services.
- Mobile number 99828: Marketing messages such as member offers, limited time offers for prospects, product launch announcements
- Text HOME to 48707, to receive text messages from Angi.
- Text messages to 264437 to receive text messages from Angi.
Text STOP to 99828, 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 48707, 51781, or 264437 or call (888) 811-ANGI.
AT&T, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
Effective April 28th 2022 to August 2nd 2023
DownloadTable of Contents
- Mobile number 264437: Transactional messages such as message reminders, project requests, review verification.
- Mobile number 51781: Transactional messages such as notifications for service professionals accepting projects or awaiting message response.
- Mobile number 48707: Marketing messages such as coupons, offers, seasonal weather reminders, tips, and promotional content related to Angi services.
- Mobile number 23268: Marketing messages such as member offers, limited time offers for prospects, product launch announcements
- Text HOME to 48707, to receive text messages from Angi.
- Text messages to 264437 to receive text messages from Angi.
Text STOP to 23268, 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 48707, 51781, or 264437 or call (888) 811-ANGI.
AT&T, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
Effective March 1st 2022 to April 28th 2022
DownloadTable of Contents
Text STOP to 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 48707, 51781, or 264437 or call (888) 811-ANGI.
Effective March 1st 2022 to March 1st 2022
DownloadTable of Contents
Text STOP to 48707 or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 48707 or 264437 or call (888) 811-ANGI.
Effective February 3rd 2022 to March 1st 2022
DownloadTable of Contents
Text STOP to 48707 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 48707 or call (888) 811-ANGI.
Effective February 3rd 2022 to February 3rd 2022
DownloadTable of Contents
Text STOP to 48707 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 48707 or call (888) 811-ANGI.
Effective March 17th 2021 to February 3rd 2022
DownloadTable of Contents
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
Effective April 10th 2019 to March 17th 2021
DownloadTable of Contents
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angie's List (you will receive a confirmation text).
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
Effective November 15th 2018 to April 10th 2019
DownloadTable of Contents
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angie's List (you will receive a confirmation text).
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
Angi Privacy Policy
Effective March 24th 2026
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- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
- TRACKING TECHNOLOGIES AND COOKIES
- INFORMATION FROM OR ABOUT OTHER PARTIES
- COMMUNICATIONS
- INFORMATION RETENTION
- TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION
- UNITED STATES PRIVACY RIGHTS
- BIOMETRIC DATA POLICY AND NOTICE
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- CHILDREN'S PRIVACY
- INTERNATIONAL VISITORS
- SECURITY
- YOUR CHOICES
- CONTACT US
- CHANGES TO THIS POLICY
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Personal Information | How and Why We Use Personal Information | How and Why We Disclose Personal Information |
Identifiers and Non-Public Personal Information ** Examples:
More about payment card information: Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor. **Includes the information in Cal. Civil Code § 1798.80(e) |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Inferences and Customer Profiles Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Internet Activity Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Geolocation Data Examples:
**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Audio and Visual Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Professional or Employment-Related Information We may collect the following if you choose to provide them:
**this section applies only to Angi service professionals | Process your application for consideration to participate as a service professional on the Services | Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Legally Protected Characteristics We may collect the following if you choose to provide them:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Sensitive Personal Information We may collect the following if you choose to provide them:
Sensitive Personal Information is only used for legally permitted purposes. |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
| Biometric Information We may collect the following if you choose to provide them:
| Obtain and verify details about the type and scope of the home service task sought Protect the security or integrity of our Services and our business, including by protecting against, detecting, or investigating malicious, deceptive, fraudulent, or illegal activit | Service providers, including artificial intelligence processors, that assist with our business operations, including through processing and analytics to identify home service tasks |
- INFORMATION FROM OR ABOUT OTHER PARTIES
a. Information You Provide About An External Party
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
- Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.
- Identifiers
- Personal Records
- Internet or other electronic network activity information
- Geolocation Data (inferred from your IP address)
- Inferences
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing your Personal Information
- The categories of third parties to which we disclosed your Personal Information
- The specific third parties with whom your Personal Information may have been shared
- The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
Notice of Financial Incentive
Angi has adopted this Biometric Data Policy and Notice (this "BDP") to govern the treatment of Biometric Data received from individuals who use our Site or Services. This BDP applies to all Angi employees, agents, and representatives, including any contractor or third-party service provider of Angi’s ("Third-Party Service Provider") who have access to Biometric Data on behalf of the Angi. This BDP applies to all Biometric Data collected, maintained, transmitted, stored, retained, or otherwise used by Angi.
Definitions
"Biometric Data" means collectively all Biometric Identifiers and Biometric Information.
"Biometric Identifiers" means: Voiceprints and/or Scans of hand or face geometry. Biometric Identifiers do not include: Writing samples and written signatures; Photographs; Human biological samples used for valid scientific testing or screening; Demographic data; Tattoo descriptions; Physical descriptors, such as height, weight, hair color; or eye color.
"Biometric Information" means information, regardless of how it is captured, converted, stored, or shared, that is based on a Biometric Identifier. Biometric Data does not include information derived from items or procedures excluded under the definition of Biometric Identifiers.
Biometric Data Collection
Angi and its partners and providers collect, store, and use photographs that may contain biometric information such as hand or face geometry for purposes of home service task identification. Before collecting Biometric Data from any individual, Angi will obtain the individual's written consent to the collection.
In circumstances where Angi collects Biometric Data, Angi will permanently destroy an individual's Biometric Data upon completion of the initial purpose for collecting or obtaining such Biometric Data.
Biometric Data Security and Disclosures
Angi shall use a reasonable standard of care to store, transmit and protect from disclosure any paper or electronic Biometric Data collected.
Subject to individual consent, Angi may disclose an individual's Biometric Data to its third-party vendors and/or licensees in order to facilitate the home services task identification.
Angi prohibits any further disclosure or re-disclosure of Biometric Data unless: the individual or the individual's legally authorized representative consents to the disclosure; the disclosure is required by applicable law or regulation; or the disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
Angi does not sell, lease, trade, or otherwise profit from Biometric Data.
Effective February 9th 2026 to March 24th 2026
DownloadTable of Contents
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
- TRACKING TECHNOLOGIES AND COOKIES
- INFORMATION FROM OR ABOUT OTHER PARTIES
- COMMUNICATIONS
- INFORMATION RETENTION
- TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION
- UNITED STATES PRIVACY RIGHTS
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- CHILDREN'S PRIVACY
- INTERNATIONAL VISITORS
- SECURITY
- YOUR CHOICES
- CONTACT US
- CHANGES TO THIS POLICY
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Personal Information | How and Why We Use Personal Information | How and Why We Disclose Personal Information |
Identifiers and Non-Public Personal Information ** Examples:
More about payment card information: Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor. **Includes the information in Cal. Civil Code § 1798.80(e) |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Inferences and Customer Profiles Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Internet Activity Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Geolocation Data Examples:
**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Audio and Visual Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Professional or Employment-Related Information We may collect the following if you choose to provide them:
**this section applies only to Angi service professionals | Process your application for consideration to participate as a service professional on the Services | Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Legally Protected Characteristics We may collect the following if you choose to provide them:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Sensitive Personal Information We may collect the following if you choose to provide them:
Sensitive Personal Information is only used for legally permitted purposes. |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
- INFORMATION FROM OR ABOUT OTHER PARTIES
a. Information You Provide About An External Party
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
- Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.
- Identifiers
- Personal Records
- Internet or other electronic network activity information
- Geolocation Data (inferred from your IP address)
- Inferences
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing your Personal Information
- The categories of third parties to which we disclosed your Personal Information
- The specific third parties with whom your Personal Information may have been shared
- The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
Notice of Financial Incentive
Effective January 9th 2025 to February 9th 2026
DownloadTable of Contents
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
- TRACKING TECHNOLOGIES AND COOKIES
- INFORMATION FROM OR ABOUT OTHER PARTIES
- COMMUNICATIONS
- INFORMATION RETENTION
- TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION
- UNITED STATES PRIVACY RIGHTS
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- CHILDREN'S PRIVACY
- INTERNATIONAL VISITORS
- SECURITY
- YOUR CHOICES
- CONTACT US
- CHANGES TO THIS POLICY
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Personal Information | How and Why We Use Personal Information | How and Why We Disclose Personal Information |
Identifiers and Non-Public Personal Information ** Examples:
More about payment card information: Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor. **Includes the information in Cal. Civil Code § 1798.80(e) |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Inferences and Customer Profiles Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Internet Activity Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Geolocation Data Examples:
**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Audio and Visual Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Professional or Employment-Related Information We may collect the following if you choose to provide them:
**this section applies only to Angi service professionals | Process your application for consideration to participate as a service professional on the Services | Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Legally Protected Characteristics We may collect the following if you choose to provide them:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Sensitive Personal Information We may collect the following if you choose to provide them:
Sensitive Personal Information is only used for legally permitted purposes. |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
- INFORMATION FROM OR ABOUT OTHER PARTIES
a. Information You Provide About An External Party
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
- Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.
- Identifiers
- Personal Records
- Internet or other electronic network activity information
- Geolocation Data (inferred from your IP address)
- Inferences
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing your Personal Information
- The categories of third parties to which we disclosed your Personal Information
- The specific third parties with whom your Personal Information may have been shared
- The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
Notice of Financial Incentive
Effective July 1st 2024 to January 9th 2025
DownloadTable of Contents
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
- TRACKING TECHNOLOGIES AND COOKIES
- INFORMATION FROM OR ABOUT OTHER PARTIES
- COMMUNICATIONS
- INFORMATION RETENTION
- TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION
- UNITED STATES PRIVACY RIGHTS
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- CHILDREN'S PRIVACY
- INTERNATIONAL VISITORS
- SECURITY
- YOUR CHOICES
- CONTACT US
- CHANGES TO THIS POLICY
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Personal Information | How and Why We Use Personal Information | How and Why We Disclose Personal Information |
Identifiers and Non-Public Personal Information ** Examples:
More about payment card information: Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor. **Includes the information in Cal. Civil Code § 1798.80(e) |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Inferences and Customer Profiles Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Internet Activity Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Geolocation Data Examples:
**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Audio and Visual Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Professional or Employment-Related Information We may collect the following if you choose to provide them:
**this section applies only to Angi service professionals | Process your application for consideration to participate as a service professional on the Services | Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Legally Protected Characteristics We may collect the following if you choose to provide them:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Sensitive Personal Information We may collect the following if you choose to provide them:
Sensitive Personal Information is only used for legally permitted purposes. |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
- INFORMATION FROM OR ABOUT OTHER PARTIES
a. Information You Provide About An External Party
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
- Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.
- Identifiers
- Personal Records
- Internet or other electronic network activity information
- Geolocation Data (inferred from your IP address)
- Inferences
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing your Personal Information
- The categories of third parties to which we disclosed your Personal Information
- The specific third parties with whom your Personal Information may have been shared
- The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
Notice of Financial Incentive
Effective July 1st 2024 to July 1st 2024
DownloadSummary of changes
Table of Contents
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
- TRACKING TECHNOLOGIES AND COOKIES
- INFORMATION FROM OR ABOUT OTHER PARTIES
- COMMUNICATIONS
- INFORMATION RETENTION
- TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION
- UNITED STATES PRIVACY RIGHTS
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- CHILDREN'S PRIVACY
- INTERNATIONAL VISITORS
- SECURITY
- YOUR CHOICES
- CONTACT US
- CHANGES TO THIS POLICY
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Personal Information | How and Why We Use Personal Information | How and Why We Disclose Personal Information |
Identifiers and Non-Public Personal Information ** Examples:
More about payment card information: Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor. **Includes the information in Cal. Civil Code § 1798.80(e) |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Inferences and Customer Profiles Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Internet Activity Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Geolocation Data Examples:
**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Audio and Visual Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Professional or Employment-Related Information We may collect the following if you choose to provide them:
**this section applies only to Angi service professionals | Process your application for consideration to participate as a service professional on the Services | Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Legally Protected Characteristics We may collect the following if you choose to provide them:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Sensitive Personal Information We may collect the following if you choose to provide them:
Sensitive Personal Information is only used for legally permitted purposes. |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
- INFORMATION FROM OR ABOUT OTHER PARTIES
a. Information You Provide About An External Party
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
- Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.
- Identifiers
- Personal Records
- Internet or other electronic network activity information
- Geolocation Data (inferred from your IP address)
- Inferences
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing your Personal Information
- The categories of third parties to which we disclosed your Personal Information
- The specific third parties with whom your Personal Information may have been shared
- The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
Notice of Financial Incentive
Effective May 31st 2024 to July 1st 2024
DownloadSummary of changes
Table of Contents
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
- TRACKING TECHNOLOGIES AND COOKIES
- INFORMATION FROM OR ABOUT OTHER PARTIES
- COMMUNICATIONS
- INFORMATION RETENTION
- TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION
- UNITED STATES PRIVACY RIGHTS
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- CHILDREN'S PRIVACY
- INTERNATIONAL VISITORS
- SECURITY
- YOUR CHOICES
- CONTACT US
- CHANGES TO THIS POLICY
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Personal Information | How and Why We Use Personal Information | How and Why We Disclose Personal Information |
Identifiers and Non-Public Personal Information ** Examples:
More about payment card information: Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor. **Includes the information in Cal. Civil Code § 1798.80(e) |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Inferences and Customer Profiles Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Internet Activity Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Geolocation Data Examples:
**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Audio and Visual Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Professional or Employment-Related Information We may collect the following if you choose to provide them:
**this section applies only to Angi service professionals | Process your application for consideration to participate as a service professional on the Services | Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Legally Protected Characteristics We may collect the following if you choose to provide them:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Sensitive Personal Information We may collect the following if you choose to provide them:
Sensitive Personal Information is only used for legally permitted purposes. |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
- INFORMATION FROM OR ABOUT OTHER PARTIES
a. Information You Provide About An External Party
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
- Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.
- Identifiers
- Personal Records
- Internet or other electronic network activity information
- Geolocation Data (inferred from your IP address)
- Inferences
- Your right to know request may encapsulate the following:
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing your Personal Information
- The categories of third parties to which we disclosed your Personal Information
- The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
- The specific pieces of Personal Information we have collected about you
Effective February 15th 2024 to May 31st 2024
DownloadTable of Contents
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
- TRACKING TECHNOLOGIES AND COOKIES
- INFORMATION FROM OR ABOUT OTHER PARTIES
- COMMUNICATIONS
- INFORMATION RETENTION
- TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION
- UNITED STATES PRIVACY RIGHTS
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- CHILDREN'S PRIVACY
- INTERNATIONAL VISITORS
- SECURITY
- YOUR CHOICES
- CONTACT US
- CHANGES TO THIS POLICY
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Personal Information | How and Why We Use Personal Information | How and Why We Disclose Personal Information |
Identifiers and Non-Public Personal Information ** Examples:
More about payment card information: Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor. **Includes the information in Cal. Civil Code § 1798.80(e) |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Inferences and Customer Profiles Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Internet Activity Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Geolocation Data Examples:
**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Audio and Visual Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Professional or Employment-Related Information We may collect the following if you choose to provide them:
**this section applies only to Angi service professionals | Process your application for consideration to participate as a service professional on the Services | Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Legally Protected Characteristics We may collect the following if you choose to provide them:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Sensitive Personal Information We may collect the following if you choose to provide them:
Sensitive Personal Information is only used for legally permitted purposes. |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
- INFORMATION FROM OR ABOUT OTHER PARTIES
a. Information You Provide About An External Party
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
- Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.
- Identifiers
- Personal Records
- Internet or other electronic network activity information
- Geolocation Data (inferred from your IP address)
- Inferences
- Your right to know request may encapsulate the following:
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing your Personal Information
- The categories of third parties to which we disclosed your Personal Information
- The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
- The specific pieces of Personal Information we have collected about you
Effective June 27th 2023 to February 15th 2024
DownloadTable of Contents
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
- TRACKING TECHNOLOGIES AND COOKIES
- INFORMATION FROM OR ABOUT OTHER PARTIES
- COMMUNICATIONS
- INFORMATION RETENTION
- TARGETED ADVERTISING, SALES, AND SHARING OF PERSONAL INFORMATION
- UNITED STATES PRIVACY RIGHTS
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- CHILDREN'S PRIVACY
- INTERNATIONAL VISITORS
- SECURITY
- YOUR CHOICES
- CONTACT US
- CHANGES TO THIS POLICY
- COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Personal Information | How and Why We Use Personal Information | How and Why We Disclose Personal Information |
Identifiers and Non-Public Personal Information ** Examples:
More about payment card information: Although users can submit payment information to pay for a service through the Services, we do not receive this information itself. Payment information is transmitted directly to our payment card processing vendor. **Includes the information in Cal. Civil Code § 1798.80(e) |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professionals that perform and fulfill your service requests and orders from the Services Booking Partners that support our Services through fulfilling your service requests or connecting you to our Services. For example, you can request services through our booking partners properties, stores, websites, and applications. We may provide our booking partners with information about the services you booked or provided through the Services and our booking partners may advertise to you Service professional companies if you are an employee, contractor, or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Inferences and Customer Profiles Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Internet Activity Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Geolocation Data Examples:
**For more information on when this information is collected, how we use it, and with whom it is shared, services professionals should refer to the Service Professional Agreement available on the service professional portal |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Audio and Visual Information Examples:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Professional or Employment-Related Information We may collect the following if you choose to provide them:
**this section applies only to Angi service professionals | Process your application for consideration to participate as a service professional on the Services | Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks |
Legally Protected Characteristics We may collect the following if you choose to provide them:
|
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
Sensitive Personal Information We may collect the following if you choose to provide them:
Sensitive Personal Information is only used for legally permitted purposes. |
| Service providers that assist with our business operations, including through processing payments, assisting with our customer service, communications delivery, background check services, analytics, marketing, and maintaining the security and stability of our Services, and internal networks Service professional companies if you are an employee, contractor or other affiliate of any company participating on the Services as a service professional or accessing the Services in partnership with a booking partner, we may disclose your Personal Information with that company or the booking partner |
- INFORMATION FROM OR ABOUT OTHER PARTIES
a. Information You Provide About An External Party
- Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; or
- The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case)
- Where personal information is collected and used for more than one purpose, we will retain it until the purpose with the latest period expires.
- Identifiers
- Personal Records
- Internet or other electronic network activity information
- Geolocation Data (inferred from your IP address)
- Inferences
- Your right to know request may encapsulate the following:
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, selling, or sharing your Personal Information
- The categories of third parties to which we disclosed your Personal Information
- The categories of Personal Information we sold or shared about you and the categories of third parties to which each category of Personal Information was sold or shared
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to which it was disclosed
- The specific pieces of Personal Information we have collected about you
Effective April 6th 2023 to June 27th 2023
DownloadTable of Contents
- Personal Information
- Session Data/Visit Recording
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angi’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angi to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angi;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angi Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective March 15th 2023 to April 6th 2023
DownloadTable of Contents
- Personal Information
- Session Data/Visit Recording
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angi’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angi to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angi;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angi Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective March 15th 2023 to March 15th 2023
DownloadTable of Contents
- Personal Information
- Session Data/Visit Recording
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angi’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angi to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angi;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angi Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective March 15th 2023 to March 15th 2023
DownloadTable of Contents
- Personal Information
- Session Data/Visit Recording
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angi’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angi to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angi;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angi Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective June 21st 2022 to March 15th 2023
DownloadTable of Contents
- Personal Information
- Session Data/Visit Recording
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angi’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angi to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angi;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angi Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective March 17th 2021 to June 21st 2022
DownloadTable of Contents
- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angi’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angi to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angi;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angi Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective January 7th 2020 to March 17th 2021
DownloadTable of Contents
- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective December 31st 2019 to January 7th 2020
DownloadTable of Contents
- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective September 24th 2019 to December 31st 2019
DownloadTable of Contents
- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective April 7th 2017 to September 24th 2019
DownloadTable of Contents
- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Project Advisor Terms
Effective January 1st 2023
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PRICING AND PAYMENT FOR PROJECT ADVISOR SERVICES
- Pricing: Upon booking, we will display to Requester estimated pricing or a range of estimated pricing for their requested Project (the “Estimate”). The Estimate is not binding on either party and does not represent agreed-upon final pricing. After booking, Requester and the Company will agree to final pricing in a separate, signed invoice that sets forth both the pricing for and scope of the Project (the “Invoice”). Notwithstanding the foregoing, in the event that Requester and the Company
do not execute an Invoice, any post-booking written agreement between the parties about pricing and/or scope shall be binding on the parties (with email sufficing).
- Payment: Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”). Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit card for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's account with the Company or other previously approved payment methods for such amounts. Provided, however, that (i) for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion, and (ii) in our sole discretion we may issue an invoice to the Requester for any amounts owed in lieu of charging the Requester's credit card as provided herein. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either the Company or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) the Company paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After the Company receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by the Company
(“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a sufficient response (as determined in Company's sole discretion) to the Company as it regards Project Completion within three (3) days of the Service Provider providing written confirmation of such. Any payments due at Project Completion pursuant to an invoice shall be remitted no later than three (3) business days following the delivery thereof. The Requester acknowledges and understands that failure to pay the stated amount due before the due date will be considered a late payment and that, in such a case, the Requester will be in default. The Requester understands and acknowledges that if payment is late, the Requester will be subject to a 1.5% per month late payment penalty based on the balance owing. The late payment penalty will remain in effect until the Requester completes either (i) full payment or (ii) three (3) consecutive payments on an agreed payment plan. Company reserves the right to retain an agent to collect any amounts due under this Agreement. The Requester grants any such agent agent retained by Company the right to contact the Requester by any means available, including but not limited to email, telephones, and mail. If the Requester’s charges are passed to a third- party agency following reasonable attempts by Company to recover payment, Requester agrees to pay all collection costs, reasonable attorney fees, and court costs as applicable. - Refunds and Credits: Except for the Happiness Guarantee , no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- Project Advisor Services are eligible for the Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com or Angi.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor or Angi network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor or Angi service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked Project Advisor Service project (i.e. in scope, materials, location of home, and timing). To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. The Company may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. The Company may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - SAVINGS MEMBERSHIP.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by the Company. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. The Company reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- Promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Company. Promotional credits may not be purchased for cash and the Company does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your account with the Company will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- Emails: The Company may send you confirmation and other transactional emails regarding the Project Advisor Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s websites, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened with the Company. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. Requesters may cancel their Project Advisor Service through the Company at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, the Company may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester will be be required to pay for (a) any work the Service Provider performed prior to the Requester's cancellation which includes but is not limited to; permitting, scheduling, and staffing for the Project; (b) any materials the Service Provider purchased prior to the Requestor's cancellation; and (c) any other expense or fee incurred by the Service Provider and/or the Company in relation to the Project Advisor Service. Such cancellation fees will be assessed at the Company's sole discretion. Additionally, if Requestor cancels the Project at any point, the Company is not responsible for sourcing another contractor at the previously quoted price. A Project Advisor Service appointment may be canceled by contacting the Project Advisor team at myproject@homeadvisor.com or by calling (877) 431-0013. If Requester does not respond to the Company’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by the Company as a Deposit or an Upfront Payment shall not be returned by the Company to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by the Company in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, the Company generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by the Company. The Company reserves the right to cancel a Project Advisor Service for any reason, whereupon the Company shall return all or a portion of the Upfront Payment, as determined by the Company in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Project Advisor Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of your Project Advisor Service.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT.
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY'S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company’s platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- SECURITY INTERESTS AND LIENS
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 29 will be given full force and effect.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective October 28th 2022 to January 1st 2023
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PRICING AND PAYMENT FOR PROJECT ADVISOR SERVICES
- Pricing: Upon booking, we will display to Requester estimated pricing or a range of estimated pricing for their requested Project (the “Estimate”). The Estimate is not binding on either party and does not represent agreed-upon final pricing. After booking, Requester and the Company will agree to final pricing in a separate, signed invoice that sets forth both the pricing for and scope of the Project (the “Invoice”). Notwithstanding the foregoing, in the event that Requester and the Company
do not execute an Invoice, any post-booking written agreement between the parties about pricing and/or scope shall be binding on the parties (with email sufficing).
- Payment: Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”). Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit card for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's account with the Company or other previously approved payment methods for such amounts. Provided, however, that (i) for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion, and (ii) in our sole discretion we may issue an invoice to the Requester for any amounts owed in lieu of charging the Requester's credit card as provided herein. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either the Company or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) the Company paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After the Company receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by the Company
(“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a sufficient response (as determined in Company's sole discretion) to the Company as it regards Project Completion within three (3) days of the Service Provider providing written confirmation of such. Any payments due at Project Completion pursuant to an invoice shall be remitted no later than three (3) business days following the delivery thereof. The Requester acknowledges and understands that failure to pay the stated amount due before the due date will be considered a late payment and that, in such a case, the Requester will be in default. The Requester understands and acknowledges that if payment is late, the Requester will be subject to a 1.5% per month late payment penalty based on the balance owing. The late payment penalty will remain in effect until the Requester completes either (i) full payment or (ii) three (3) consecutive payments on an agreed payment plan. Company reserves the right to retain an agent to collect any amounts due under this Agreement. The Requester grants any such agent agent retained by Company the right to contact the Requester by any means available, including but not limited to email, telephones, and mail. If the Requester’s charges are passed to a third- party agency following reasonable attempts by Company to recover payment, Requester agrees to pay all collection costs, reasonable attorney fees, and court costs as applicable. - Refunds and Credits: Except for the Happiness Guarantee , no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- Project Advisor Services are eligible for the Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com or Angi.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor or Angi network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor or Angi service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked Project Advisor Service project (i.e. in scope, materials, location of home, and timing). To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. The Company may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. The Company may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - SAVINGS MEMBERSHIP.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by the Company. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. The Company reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- Promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Company. Promotional credits may not be purchased for cash and the Company does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your account with the Company will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- Emails: The Company may send you confirmation and other transactional emails regarding the Project Advisor Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s websites, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened with the Company. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. Requesters may cancel their Project Advisor Service through the Company at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, the Company may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester will be be required to pay for (a) any work the Service Provider performed prior to the Requester's cancellation which includes but is not limited to; permitting, scheduling, and staffing for the Project; (b) any materials the Service Provider purchased prior to the Requestor's cancellation; and (c) any other expense or fee incurred by the Service Provider and/or the Company in relation to the Project Advisor Service. Such cancellation fees will be assessed at the Company's sole discretion. Additionally, if Requestor cancels the Project at any point, the Company is not responsible for sourcing another contractor at the previously quoted price. A Project Advisor Service appointment may be canceled by contacting the Project Advisor team at myproject@homeadvisor.com or by calling (877) 431-0013. If Requester does not respond to the Company’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by the Company as a Deposit or an Upfront Payment shall not be returned by the Company to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by the Company in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, the Company generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by the Company. The Company reserves the right to cancel a Project Advisor Service for any reason, whereupon the Company shall return all or a portion of the Upfront Payment, as determined by the Company in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Project Advisor Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of your Project Advisor Service.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT.
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY'S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company’s platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- SECURITY INTERESTS AND LIENS
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 29 will be given full force and effect.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective September 21st 2022 to October 28th 2022
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PRICING AND PAYMENT FOR PROJECT ADVISOR SERVICES
- Pricing: Upon booking, we will display to Requester estimated pricing or a range of estimated pricing for their requested Project (the “Estimate”). The Estimate is not binding on either party and does not represent agreed-upon final pricing. After booking, Requester and the Company will agree to final pricing in a separate, signed invoice that sets forth both the pricing for and scope of the Project (the “Invoice”). Notwithstanding the foregoing, in the event that Requester and the Company
do not execute an Invoice, any post-booking written agreement between the parties about pricing and/or scope shall be binding on the parties (with email sufficing).
- Payment: Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”). Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit card for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's account with the Company or other previously approved payment methods for such amounts. Provided, however, that (i) for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion, and (ii) in our sole discretion we may issue an invoice to the Requester for any amounts owed in lieu of charging the Requester's credit card as provided herein. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either the Company or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) the Company paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After the Company receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by the Company
(“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a response to the Company within three (3) days of the Service Provider providing written confirmation of such. Any payments due at Project Completion pursuant to an invoice shall be remitted no later than three (3) business days following the delivery thereof. The Requester acknowledges and understands that failure to pay the stated amount due before the due date will be considered a late payment and that, in such a case, the Requester will be in default. The Requester understands and acknowledges that if payment is late, the Requester will be subject to a 1.5% per month late payment penalty based on the balance owing. The late payment penalty will remain in effect until the Requester completes either (i) full payment or (ii) three (3) consecutive payments on an agreed payment plan. Company reserves the right to retain an agent to collect any amounts due under this Agreement. The Requester grants any such agent agent retained by Company the right to contact the Requester by any means available, including but not limited to email, telephones, and mail. If the Requester’s charges are passed to a third- party agency following reasonable attempts by Company to recover payment, Requester agrees to pay all collection costs, reasonable attorney fees, and court costs as applicable. - Refunds and Credits: Except for the Happiness Guarantee , no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- Project Advisor Services are eligible for the Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com or Angi.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor or Angi network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor or Angi service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked Project Advisor Service project (i.e. in scope, materials, location of home, and timing). To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. The Company may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. The Company may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - SAVINGS MEMBERSHIP.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by the Company. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. The Company reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- Promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Company. Promotional credits may not be purchased for cash and the Company does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your account with the Company will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- Emails: The Company may send you confirmation and other transactional emails regarding the Project Advisor Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s websites, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened with the Company. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. Requesters may cancel their Project Advisor Service through the Company at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, the Company may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester will be be required to pay for (a) any work the Service Provider performed prior to the Requester's cancellation which includes but is not limited to; permitting, scheduling, and staffing for the Project; (b) any materials the Service Provider purchased prior to the Requestor's cancellation; and (c) any other expense or fee incurred by the Service Provider and/or the Company in relation to the Project Advisor Service. Such cancellation fees will be assessed at the Company's sole discretion. Additionally, if Requestor cancels the Project at any point, the Company is not responsible for sourcing another contractor at the previously quoted price. A Project Advisor Service appointment may be canceled by contacting the Project Advisor team at myproject@homeadvisor.com or by calling (877) 431-0013. If Requester does not respond to the Company’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by the Company as a Deposit or an Upfront Payment shall not be returned by the Company to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by the Company in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, the Company generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by the Company. The Company reserves the right to cancel a Project Advisor Service for any reason, whereupon the Company shall return all or a portion of the Upfront Payment, as determined by the Company in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Project Advisor Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of your Project Advisor Service.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT.
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY'S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company’s platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- SECURITY INTERESTS AND LIENS
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 29 will be given full force and effect.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective August 22nd 2022 to September 21st 2022
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PRICING AND PAYMENT FOR PROJECT ADVISOR SERVICES
- Pricing: Upon booking, we will display to Requester estimated pricing or a range of estimated pricing for their requested Project (the “Estimate”). The Estimate is not binding on either party and does not represent agreed-upon final pricing. After booking, Requester and the Company will agree to final pricing in a separate, signed invoice that sets forth both the pricing for and scope of the Project (the “Invoice”). Notwithstanding the foregoing, in the event that Requester and the Company
do not execute an Invoice, any post-booking written agreement between the parties about pricing and/or scope shall be binding on the parties (with email sufficing).
- Payment: Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”). Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's account with the Company or other previously approved payment methods for such amounts. Provided, however, that for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either the Company or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) the Company paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After the Company receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by the Company
(“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a response to the Company within three (3) days of the Service Provider providing written confirmation of such. - Refunds and Credits: Except for the Happiness Guarantee , no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- Project Advisor Services are eligible for the Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com or Angi.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor or Angi network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor or Angi service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked Project Advisor Service project (i.e. in scope, materials, location of home, and timing). To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. The Company may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. The Company may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - SAVINGS MEMBERSHIP.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by the Company. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. The Company reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- Promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Company. Promotional credits may not be purchased for cash and the Company does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your account with the Company will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- Emails: The Company may send you confirmation and other transactional emails regarding the Project Advisor Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s websites, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened with the Company. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. Requesters may cancel their Project Advisor Service through the Company at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, the Company may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester will be be required to pay for (a) any work the Service Provider performed prior to the Requester's cancellation which includes but is not limited to; permitting, scheduling, and staffing for the Project; (b) any materials the Service Provider purchased prior to the Requestor's cancellation; and (c) any other expense or fee incurred by the Service Provider and/or the Company in relation to the Project Advisor Service. Such cancellation fees will be assessed at the Company's sole discretion. Additionally, if Requestor cancels the Project at any point, the Company is not responsible for sourcing another contractor at the previously quoted price. A Project Advisor Service appointment may be canceled by contacting the Project Advisor team at myproject@homeadvisor.com or by calling (917) 268-4771. If Requester does not respond to the Company’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by the Company as a Deposit or an Upfront Payment shall not be returned by the Company to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by the Company in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, the Company generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by the Company. The Company reserves the right to cancel a Project Advisor Service for any reason, whereupon the Company shall return all or a portion of the Upfront Payment, as determined by the Company in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Project Advisor Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of your Project Advisor Service.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT.
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY'S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company’s platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- SECURITY INTERESTS AND LIENS
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 29 will be given full force and effect.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective May 9th 2022 to August 22nd 2022
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PRICING AND PAYMENT FOR PROJECT ADVISOR SERVICES
- Pricing: Upon booking, we will display to Requester estimated pricing or a range of estimated pricing for their requested Project (the “Estimate”). The Estimate is not binding on either party and does not represent agreed-upon final pricing. After booking, Requester and the Company will agree to final pricing in a separate, signed invoice that sets forth both the pricing for and scope of the Project (the “Invoice”). Notwithstanding the foregoing, in the event that Requester and the Company
do not execute an Invoice, any post-booking written agreement between the parties about pricing and/or scope shall be binding on the parties (with email sufficing).
- Payment: Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”). Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's account with the Company or other previously approved payment methods for such amounts. Provided, however, that for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either the Company or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) the Company paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After the Company receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by the Company
(“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a response to the Company within three (3) days of the Service Provider providing written confirmation of such. - Refunds and Credits: Except for the Happiness Guarantee , no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- Project Advisor Services are eligible for the Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com or Angi.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor or Angi network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor or Angi service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked Project Advisor Service project (i.e. in scope, materials, location of home, and timing). To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. The Company may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. The Company may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - SAVINGS MEMBERSHIP.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by the Company. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. The Company reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- Promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Company. Promotional credits may not be purchased for cash and the Company does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your account with the Company will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- Emails: The Company may send you confirmation and other transactional emails regarding the Project Advisor Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting usBy submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s websites, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened with the Company. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. Requesters may cancel their Project Advisor Service through the Company at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, the Company may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester will be be required to pay for (a) any work the Service Provider performed prior to the Requester's cancellation which includes but is not limited to; permitting, scheduling, and staffing for the Project; (b) any materials the Service Provider purchased prior to the Requestor's cancellation; and (c) any other expense or fee incurred by the Service Provider and/or the Company in relation to the Project Advisor Service. Such cancellation fees will be assessed at the Company's sole discretion. Additionally, if Requestor cancels the Project at any point, the Company is not responsible for sourcing another contractor at the previously quoted price. A Project Advisor Service appointment may be canceled by contacting the Project Advisor team at myproject@homeadvisor.com or by calling (917) 268-4771. If Requester does not respond to the Company’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by the Company as a Deposit or an Upfront Payment shall not be returned by the Company to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by the Company in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, the Company generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by the Company. The Company reserves the right to cancel a Project Advisor Service for any reason, whereupon the Company shall return all or a portion of the Upfront Payment, as determined by the Company in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Project Advisor Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of your Project Advisor Service.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT.
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY'S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company’s platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 28 will be given full force and effect.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective March 18th 2021 to May 9th 2022
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other formal screening procedure. THE COMPANY MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PRICING AND PAYMENT FOR PROJECT ADVISOR SERVICES
- Pricing: Upon booking, we will display to Requester estimated pricing or a range of estimated pricing for their requested Project (the “Estimate”). The Estimate is not binding on either party and does not represent agreed-upon final pricing. After booking, Requester and the Company will agree to final pricing in a separate, signed invoice that sets forth both the pricing for and scope of the Project (the “Invoice”). Notwithstanding the foregoing, in the event that Requester and the Company
do not execute an Invoice, any post-booking written agreement between the parties about pricing and/or scope shall be binding on the parties (with email sufficing).
- Payment: Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”). Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's account with the Company or other previously approved payment methods for such amounts. Provided, however, that for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either the Company or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) the Company paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After the Company receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by the Company
(“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a response to the Company within three (3) days of the Service Provider providing written confirmation of such. - Refunds and Credits: Except for the Happiness Guarantee , no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- Project Advisor Services are eligible for the Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com or Angi.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor or Angi network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor or Angi service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked Project Advisor Service project (i.e. in scope, materials, location of home, and timing). To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. The Company may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. The Company may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - SAVINGS MEMBERSHIP.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by the Company. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. The Company reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- Promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Company. Promotional credits may not be purchased for cash and the Company does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your account with the Company will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- Emails: The Company may send you confirmation and other transactional emails regarding the Project Advisor Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting usBy submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s websites, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened with the Company. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. Requesters may cancel their Project Advisor Service through the Company at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, the Company may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by the Company in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates, and (iii) any other expense or fee incurred by the Service Provider and/or the Company in relation to the Project Advisor Service. A Project Advisor Service appointment may be canceled by contacting the Project Advisor team at myproject@homeadvisor.com or by mailing a notice of cancellation to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205. If Requester does not respond to the Company’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by the Company as a Deposit or an Upfront Payment shall not be returned by the Company to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by the Company in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, the Company generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by the Company. The Company reserves the right to cancel a Project Advisor Service for any reason, whereupon the Company shall return all or a portion of the Upfront Payment, as determined by the Company in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Project Advisor Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of your Project Advisor Service.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT.
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY'S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company’s platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 28 will be given full force and effect.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: legal@HomeAdvisor.com and/or by mail to the Legal Department, 3601 Walnut St, Suite 700, Denver CO, 80205.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective March 4th 2021 to March 18th 2021
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other screening procedure. HOMEADVISOR MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
. - HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
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- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other screening procedure. HOMEADVISOR MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PRICING AND PAYMENT FOR PROJECT ADVISOR SERVICES
- Pricing: Upon booking, we will display to Requester estimated pricing or a range of estimated pricing for their requested Project (the “Estimate”). The Estimate is not binding on either party and does not represent agreed-upon final pricing. After booking, Requester and HomeAdvisor will agree to final pricing in a separate, signed invoice that sets forth both the pricing for and scope of the Project (the “Invoice”). Notwithstanding the foregoing, in the event that Requester and HomeAdvisor do not execute an Invoice, any post-booking written agreement between the parties about pricing and/or scope shall be binding on the parties (with email sufficing).
- Payment: Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”).
Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. Provided, however, that for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either HomeAdvisor or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) HomeAdvisor paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a response to HomeAdvisor within three (3) days of the Service Provider providing written confirmation of such. - Refunds and Credits: Except for the Happiness Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- HomeAdvisor Project Advisor Services are eligible for the HomeAdvisor Happiness Guarantee as set forth in Section 13 of HomeAdvisor’s general Terms and Conditions, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - HOMEADVISOR SAVINGS MEMBERSHIP. If you book a Project Advisor Service subject to these terms, you may be automatically enrolled in a complimentary Savings Membership. If you are so enrolled, your Savings membership will be governed by the Savings Membership Terms, except that your Savings Membership will be free of charge and will not automatically renew, unless you expressly agree otherwise at a later date.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, HomeAdvisor may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates, and (iii) any other expense or fee incurred by the Service Provider and/or HomeAdvisor in relation to the Project Advisor Service. A Project Advisor Service appointment may be canceled by contacting the HomeAdvisor Project Advisor team at myproject@homeadvisor.com or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. If Requester does not respond to HomeAdvisor’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by HomeAdvisor as a Deposit or an Upfront Payment shall not be returned by HomeAdvisor to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by HomeAdvisor in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by HomeAdvisor. HomeAdvisor reserves the right to cancel a Project Advisor Service for any reason, whereupon HomeAdvisor shall return all or a portion of the Upfront Payment, as determined by HomeAdvisor in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective December 17th 2020 to March 4th 2021
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other screening procedure. HOMEADVISOR MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
. - HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
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- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other screening procedure. HOMEADVISOR MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PRICING AND PAYMENT FOR PROJECT ADVISOR SERVICES
- Pricing: Upon booking, we will display to Requester estimated pricing or a range of estimated pricing for their requested Project (the “Estimate”). The Estimate is not binding on either party and does not represent agreed-upon final pricing. After booking, Requester and HomeAdvisor will agree to final pricing in a separate, signed invoice that sets forth both the pricing for and scope of the Project (the “Invoice”). Notwithstanding the foregoing, in the event that Requester and HomeAdvisor do not execute an Invoice, any post-booking written agreement between the parties about pricing and/or scope shall be binding on the parties (with email sufficing).
- Payment: Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”).
Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. Provided, however, that for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either HomeAdvisor or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) HomeAdvisor paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a response to HomeAdvisor within three (3) days of the Service Provider providing written confirmation of such. - Refunds and Credits: Except for the Happiness Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- HomeAdvisor Project Advisor Services are eligible for the HomeAdvisor Happiness Guarantee as set forth in Section 13 of HomeAdvisor’s general Terms and Conditions, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, HomeAdvisor may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates, and (iii) any other expense or fee incurred by the Service Provider and/or HomeAdvisor in relation to the Project Advisor Service. A Project Advisor Service appointment may be canceled by contacting the HomeAdvisor Project Advisor team at myproject@homeadvisor.com or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. If Requester does not respond to HomeAdvisor’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by HomeAdvisor as a Deposit or an Upfront Payment shall not be returned by HomeAdvisor to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by HomeAdvisor in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by HomeAdvisor. HomeAdvisor reserves the right to cancel a Project Advisor Service for any reason, whereupon HomeAdvisor shall return all or a portion of the Upfront Payment, as determined by HomeAdvisor in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective August 31st 2020 to December 17th 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other screening procedure. HOMEADVISOR MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
. - HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
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- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other screening procedure. HOMEADVISOR MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”).
Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. Provided, however, that for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion.We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either HomeAdvisor or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) HomeAdvisor paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a response to HomeAdvisor within three (3) days of the Service Provider providing written confirmation of such. - Except for the Happiness Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- HomeAdvisor Project Advisor Services are eligible for the HomeAdvisor Happiness Guarantee as set forth in Section 13 of HomeAdvisor’s general Terms and Conditions, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, HomeAdvisor may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates, and (iii) any other expense or fee incurred by the Service Provider and/or HomeAdvisor in relation to the Project Advisor Service. A Project Advisor Service appointment may be canceled by contacting the HomeAdvisor Project Advisor team at myproject@homeadvisor.com or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. If Requester does not respond to HomeAdvisor’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by HomeAdvisor as a Deposit or an Upfront Payment shall not be returned by HomeAdvisor to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by HomeAdvisor in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by HomeAdvisor. HomeAdvisor reserves the right to cancel a Project Advisor Service for any reason, whereupon HomeAdvisor shall return all or a portion of the Upfront Payment, as determined by HomeAdvisor in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16th 2020 to August 31st 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16th 2020 to April 16th 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16th 2020 to April 16th 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16th 2020 to April 16th 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16th 2020 to April 16th 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 15th 2020 to April 16th 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 15th 2020 to April 15th 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE:
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email myproject@homeadvisor.com – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective November 21st 2019 to April 15th 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective November 21st 2019 to November 21st 2019
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective November 21st 2019 to November 21st 2019
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Book Now Terms
Effective May 7th 2025
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM BOOKINGS WHERE APPLICABLE PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES, INCLUDING LOSS OF RECURRING PLAN DISCOUNT, AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference. Please note that you have a duty to mitigate any damage to your property (e.g. turning water off, securing personal effects, etc.). Failure to mitigate your damages may lead to your inability to seek reimbursement from your insurance carrier or any at-fault party. Please ensure that you document all mitigation efforts.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one booking on the plan but before reaching the minimum bookings noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time booking price and discounted plan booking price . This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM BOOKINGS WHERE APPLICABLE PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES, INCLUDING LOSS OF RECURRING PLAN DISCOUNT, AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- Negotiation Period. Requesters may reach agreement with Service Professionals for additional payment above the base price listed for a Book Now Service. Requester agrees and understands that, after requesting a Book Now Service through the Platform and upon a Service Professional claiming such Book Now Service, Requester and Service Professional will have a negotiation period during which to discuss any aspect of the Book Now Service, including the price (the "Negotiation Period"). There will be no penalty to the Requester for withdrawing, or to the Service Professional for declining, a Book Now Service during the Negotiation Period. If Requester and Service Professional agree to new details regarding the Book Now Service, Requester can let the Company know by contacting our support team. The Company will process whatever changes needed in accordance with the agreement with the Service Professional. Requester can also coordinate booking detail or pay changes directly with the Service Professional. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Book Now Service is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Requester.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference. Please note that you have a duty to mitigate any damage to your property (e.g. turning water off, securing personal effects, etc.). Failure to mitigate your damages may lead to your inability to seek reimbursement from your insurance carrier or any at-fault party. Please ensure that you document all mitigation efforts.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one booking on the plan but before reaching the minimum bookings noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time booking price and discounted plan booking price where applicable. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective July 8th 2024 to May 7th 2025
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM BOOKINGS WHERE APPLICABLE PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES, INCLUDING LOSS OF RECURRING PLAN DISCOUNT, AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference. Please note that you have a duty to mitigate any damage to your property (e.g. turning water off, securing personal effects, etc.). Failure to mitigate your damages may lead to your inability to seek reimbursement from your insurance carrier or any at-fault party. Please ensure that you document all mitigation efforts.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one booking on the plan but before reaching the minimum bookings noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time booking price and discounted plan booking price . This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM BOOKINGS WHERE APPLICABLE PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES, INCLUDING LOSS OF RECURRING PLAN DISCOUNT, AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- Negotiation Period. Requesters may reach agreement with Service Professionals for additional payment above the base price listed for a Book Now Service. Requester agrees and understands that, after requesting a Book Now Service through the Platform and upon a Service Professional claiming such Book Now Service, Requester and Service Professional will have a negotiation period during which to discuss any aspect of the Book Now Service, including the price (the "Negotiation Period"). There will be no penalty to the Requester for withdrawing, or to the Service Professional for declining, a Book Now Service during the Negotiation Period. If Requester and Service Professional agree to new details regarding the Book Now Service, Requester can let the Company know by contacting our support team. The Company will process whatever changes needed in accordance with the agreement with the Service Professional. Requester can also coordinate booking detail or pay changes directly with the Service Professional. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Book Now Service is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Requester.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference. Please note that you have a duty to mitigate any damage to your property (e.g. turning water off, securing personal effects, etc.). Failure to mitigate your damages may lead to your inability to seek reimbursement from your insurance carrier or any at-fault party. Please ensure that you document all mitigation efforts.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one booking on the plan but before reaching the minimum bookings noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time booking price and discounted plan booking price where applicable. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective March 1st 2023 to July 8th 2024
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM BOOKINGS WHERE APPLICABLE PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES, INCLUDING LOSS OF RECURRING PLAN DISCOUNT, AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one booking on the plan but before reaching the minimum bookings noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time booking price and discounted plan booking price . This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM BOOKINGS WHERE APPLICABLE PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES, INCLUDING LOSS OF RECURRING PLAN DISCOUNT, AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- Negotiation Period. Requesters may reach agreement with Service Professionals for additional payment above the base price listed for a Book Now Service. Requester agrees and understands that, after requesting a Book Now Service through the Platform and upon a Service Professional claiming such Book Now Service, Requester and Service Professional will have a negotiation period during which to discuss any aspect of the Book Now Service, including the price (the "Negotiation Period"). There will be no penalty to the Requester for withdrawing, or to the Service Professional for declining, a Book Now Service during the Negotiation Period. If Requester and Service Professional agree to new details regarding the Book Now Service, Requester can let the Company know by contacting our support team. The Company will process whatever changes needed in accordance with the agreement with the Service Professional. Requester can also coordinate booking detail or pay changes directly with the Service Professional. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Book Now Service is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Requester.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one booking on the plan but before reaching the minimum bookings noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time booking price and discounted plan booking price where applicable. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective January 1st 2023 to March 1st 2023
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- Negotiation Period. Requesters may reach agreement with Service Professionals for additional payment above the base price listed for a Book Now Service. Requester agrees and understands that, after requesting a Book Now Service through the Platform and upon a Service Professional claiming such Book Now Service, Requester and Service Professional will have a negotiation period during which to discuss any aspect of the Book Now Service, including the price (the "Negotiation Period"). There will be no penalty to the Requester for withdrawing, or to the Service Professional for declining, a Book Now Service during the Negotiation Period. If Requester and Service Professional agree to new details regarding the Book Now Service, Requester can let the Company know by contacting our support team. The Company will process whatever changes needed in accordance with the agreement with the Service Professional. Requester can also coordinate booking detail or pay changes directly with the Service Professional. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Book Now Service is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Requester.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective January 1st 2023 to January 1st 2023
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- Negotiation Period. Requesters may reach agreement with Service Professionals for additional payment above the base price listed for a Book Now Service. Requester agrees and understands that, after requesting a Book Now Service through the Platform and upon a Service Professional claiming such Book Now Service, Requester and Service Professional will have a negotiation period during which to discuss any aspect of the Book Now Service, including the price (the "Negotiation Period"). There will be no penalty to the Requester for withdrawing, or to the Service Professional for declining, a Book Now Service during the Negotiation Period. If Requester and Service Professional agree to new details regarding the Book Now Service, Requester can let the Company know by contacting our support team. The Company will process whatever changes needed in accordance with the agreement with the Service Professional. Requester can also coordinate booking detail or pay changes directly with the Service Professional. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Book Now Service is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Requester.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective October 12th 2022 to January 1st 2023
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective August 5th 2022 to October 12th 2022
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective May 25th 2022 to August 5th 2022
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective May 19th 2022 to May 25th 2022
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective May 16th 2022 to May 19th 2022
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective January 31st 2022 to May 16th 2022
DownloadTable of Contents
- BOOK NOW SERVICES
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS 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, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF THE COMPANY’S SERVICES
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: legal@angi.com and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective December 4th 2020 to January 31st 2022
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Limitations on HomeAdvisor Savings Membership: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective December 4th 2020 to December 4th 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Limitations on HomeAdvisor Savings Membership: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective September 9th 2020 to December 4th 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Limitations on HomeAdvisor Savings Membership: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective July 22nd 2020 to September 9th 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective July 14th 2020 to July 22nd 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 15th 2020 to July 14th 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable only for Fixed Price Services. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective March 17th 2020 to April 15th 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective December 12th 2019 to March 17th 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: legal@HomeAdvisor.com and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Mobile Application EULA
Effective October 20th 2021
DownloadTable of Contents
1. Parties. This License is between you and HomeAdvisor only, and not with the app distributor or operating system of your mobile device (e.g. Apple, Android, Amazon, Nokia, Samsung or Microsoft). HomeAdvisor, not these companies, is solely responsible for the App and its content. Depending on your mobile device operating system or the App distributor and their applicable app store terms of service, your mobile device operator or App distributor may have the right to enforce this License against you as a third party beneficiary.
2. Terms of Service. Your use of the Service through the App is subject to the HomeAdvisor Terms of Service which is made a part of this License.
3. Articles, Tips and Other Content HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor website, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
4. Privacy. HomeAdvisor may collect and use your information as set forth in its Privacy Policy which is made a part of this License. HomeAdvisor makes the following App-specific privacy disclosures: HomeAdvisor may collect and use information related your device, such as the unique device ID ("UDID"), the device type, operating system, and carrier information. HomeAdvisor may collect and store information about your activities on the app and online/offline status and tie that information to your UDID. HomeAdvisor may share such information with vendors who power certain features of the App such as voice recognition or push notifications, and with analytics vendors who help us better understand our App user demographics. Advertisers and advertising networks that place ads in the App may also collect, store and use your information about your usage of the App, your general geographic area and interaction with ads and to link this data with your UDID for their own usage, including targeting ads to you. With your consent, HomeAdvisor may collect and store your exact geographic location information to power the "Find a Pro" or similar feature, which allows App users to see relevant Service Professionals near their current location. We may share this information with advertisers and advertising networks to target advertisements to you based on your geographic location. If you interacted with one of our mobile ads promoting the App, we may have used an ad tag in order to recognize you when you install the App. We do this to measure the performance of our ad campaigns.
5. Limited License. HomeAdvisor grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the terms of service of the app store where you may have downloaded the app.
6. Warranty. The App is provided for free on an "as is" basis. As such, HomeAdvisor disclaims all warranties about the HomeAdvisor App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for such warranty.
7. Maintenance and Support. HomeAdvisor provides limited support for the App and the App is provided "as is". To the extent that any maintenance or support is required by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be obligated to furnish any such maintenance or support.
8. Third Party Intellectual Property Claims. HomeAdvisor shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the HomeAdvisor App. To the extent HomeAdvisor is required to provide indemnification by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the HomeAdvisor App or your use of it infringes any third party intellectual property right.
9. Product Claims. HomeAdvisor, not the app distributor or operating system of your mobile device, is responsible for addressing any claims by you relating to the HomeAdvisor App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the HomeAdvisor App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this License shall be deemed an admission that you may have such claims.
10. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Contact Information. Should you have any questions, complaints, or claims relating to the HomeAdvisor App, please contact us at mobilefeedback@homeadvisor.com.
Effective February 13th 2020 to October 20th 2021
DownloadTable of Contents
This End User License ("License") is between you and HomeAdvisor, Inc ("HomeAdvisor") and governs your use of the HomeAdvisor application (the "App"). The HomeAdvisor App allows you to use certain aspects of HomeAdvisor's service, available at www.HomeAdvisor.com as well as certain specific features only available through the App (the "Service").
1. Parties. This License is between you and HomeAdvisor only, and not with the app distributor or operating system of your mobile device (e.g. Apple, Android, Amazon, Nokia, Samsung or Microsoft). HomeAdvisor, not these companies, is solely responsible for the App and its content. Depending on your mobile device operating system or the App distributor and their applicable app store terms of service, your mobile device operator or App distributor may have the right to enforce this License against you as a third party beneficiary.
2. Terms of Service. Your use of the Service through the App is subject to the HomeAdvisor Terms of Service which is made a part of this License.
3. Articles, Tips and Other Content HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor website, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
4. Privacy. HomeAdvisor may collect and use your information as set forth in its Privacy Policy which is made a part of this License. HomeAdvisor makes the following App-specific privacy disclosures: HomeAdvisor may collect and use information related your device, such as the unique device ID ("UDID"), the device type, operating system, and carrier information. HomeAdvisor may collect and store information about your activities on the app and online/offline status and tie that information to your UDID. HomeAdvisor may share such information with vendors who power certain features of the App such as voice recognition or push notifications, and with analytics vendors who help us better understand our App user demographics. Advertisers and advertising networks that place ads in the App may also collect, store and use your information about your usage of the App, your general geographic area and interaction with ads and to link this data with your UDID for their own usage, including targeting ads to you. With your consent, HomeAdvisor may collect and store your exact geographic location information to power the "Find a Pro" or similar feature, which allows App users to see relevant Service Professionals near their current location. We may share this information with advertisers and advertising networks to target advertisements to you based on your geographic location. If you interacted with one of our mobile ads promoting the App, we may have used an ad tag in order to recognize you when you install the App. We do this to measure the performance of our ad campaigns.
5. Limited License. HomeAdvisor grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the terms of service of the app store where you may have downloaded the app.
6. Warranty. The App is provided for free on an "as is" basis. As such, HomeAdvisor disclaims all warranties about the HomeAdvisor App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for such warranty.
7. Maintenance and Support. HomeAdvisor provides limited support for the App and the App is provided "as is". To the extent that any maintenance or support is required by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be obligated to furnish any such maintenance or support.
8. Third Party Intellectual Property Claims. HomeAdvisor shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the HomeAdvisor App. To the extent HomeAdvisor is required to provide indemnification by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the HomeAdvisor App or your use of it infringes any third party intellectual property right.
9. Product Claims. HomeAdvisor, not the app distributor or operating system of your mobile device, is responsible for addressing any claims by you relating to the HomeAdvisor App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the HomeAdvisor App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this License shall be deemed an admission that you may have such claims.
10. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Contact Information. Should you have any questions, complaints, or claims relating to the HomeAdvisor App, please contact us at mobilefeedback@homeadvisor.com.
Effective February 13th 2020 to February 13th 2020
DownloadTable of Contents
This End User License ("License") is between you and HomeAdvisor, Inc ("HomeAdvisor") and governs your use of the HomeAdvisor application (the "App"). The HomeAdvisor App allows you to use certain aspects of HomeAdvisor's service, available at www.HomeAdvisor.com as well as certain specific features only available through the App (the "Service").
1. Parties. This License is between you and HomeAdvisor only, and not with the app distributor or operating system of your mobile device (e.g. Apple, Android, Amazon, Nokia, Samsung or Microsoft). HomeAdvisor, not these companies, is solely responsible for the App and its content. Depending on your mobile device operating system or the App distributor and their applicable app store terms of service, your mobile device operator or App distributor may have the right to enforce this License against you as a third party beneficiary.
2. Terms of Service. Your use of the Service through the App is subject to the HomeAdvisor Terms of Service which is made a part of this License.
3. Articles, Tips and Other Content HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor website, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
4. Privacy. HomeAdvisor may collect and use your information as set forth in its Privacy Policy which is made a part of this License. HomeAdvisor makes the following App-specific privacy disclosures: HomeAdvisor may collect and use information related your device, such as the unique device ID ("UDID"), the device type, operating system, and carrier information. HomeAdvisor may collect and store information about your activities on the app and online/offline status and tie that information to your UDID. HomeAdvisor may share such information with vendors who power certain features of the App such as voice recognition or push notifications, and with analytics vendors who help us better understand our App user demographics. Advertisers and advertising networks that place ads in the App may also collect, store and use your information about your usage of the App, your general geographic area and interaction with ads and to link this data with your UDID for their own usage, including targeting ads to you. With your consent, HomeAdvisor may collect and store your exact geographic location information to power the "Find a Pro" or similar feature, which allows App users to see relevant Service Professionals near their current location. We may share this information with advertisers and advertising networks to target advertisements to you based on your geographic location. If you interacted with one of our mobile ads promoting the App, we may have used an ad tag in order to recognize you when you install the App. We do this to measure the performance of our ad campaigns.
5. Limited License. HomeAdvisor grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the terms of service of the app store where you may have downloaded the app.
6. Warranty. The App is provided for free on an "as is" basis. As such, HomeAdvisor disclaims all warranties about the HomeAdvisor App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for such warranty.
7. Maintenance and Support. HomeAdvisor provides limited support for the App and the App is provided "as is". To the extent that any maintenance or support is required by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be obligated to furnish any such maintenance or support.
8. Third Party Intellectual Property Claims. HomeAdvisor shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the HomeAdvisor App. To the extent HomeAdvisor is required to provide indemnification by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the HomeAdvisor App or your use of it infringes any third party intellectual property right.
9. Product Claims. HomeAdvisor, not the app distributor or operating system of your mobile device, is responsible for addressing any claims by you relating to the HomeAdvisor App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the HomeAdvisor App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this License shall be deemed an admission that you may have such claims.
10. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Contact Information. Should you have any questions, complaints, or claims relating to the HomeAdvisor App, please contact us at mobilefeedback@homeadvisor.com.
Large Service Providers
Effective January 29th 2025
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Effective January 28th 2025 to January 29th 2025
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Effective August 9th 2023 to January 28th 2025
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Effective April 4th 2023 to August 9th 2023
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Effective May 25th 2022 to April 4th 2023
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Effective May 9th 2022 to May 25th 2022
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Effective May 3rd 2022 to May 9th 2022
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Effective July 29th 2021 to May 3rd 2022
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Effective September 14th 2020 to July 29th 2021
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Effective September 14th 2020 to September 14th 2020
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Effective September 9th 2020 to September 14th 2020
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Effective September 9th 2020 to September 9th 2020
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HomeAdvisor Concierge Terms
Effective October 20th 2021
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- You will not be assigned a specific HomeAdvisor customer care representative as your Home Expert, rather, your Home Expert may be different HomeAdvisor representatives, based upon availability at the time of your request.
- Home Concierge covers only assistance with home services related requests, and specifically excludes legal, medical, tax or other non home-services related support.
- A Home Expert cannot and will not negotiate or sign contracts for you.
- A Home Expert cannot guarantee pricing or preferential treatment by service professionals.
- Requests made for a Home Expert to find the lowest priced services will be done by a Home Expert in a commercially reasonable manner until the Home Expert believes that the price found is the lowest reasonable price, in certain cases by providing you with HomeAdvisor’s True Cost Guides to help you evaluate pricing.
- A Home Expert cannot be used for physical tasks (e.g., meeting potential contractors in person);
- A Home Expert cannot assist you with obtaining building permits.
- Your Concierge service may only be used for personal home services needs, and may not be used for commercial or business purposes. In certain cases, and only with your permission, a Home Expert may search outside of the screened and approved HomeAdvisor network to find a service professional that can complete your job. If you choose to hire a service professional that is not a screened and approved member of the HomeAdvisor network, HomeAdvisor expressly disclaims any and all warranties, guarantees, representations, or assurances with respect to that service professional, their actions or inactions, and the work they provide, including that the project will be done right. Further, in such event, the pre-screening section of the HomeAdvisor Consumer T&Cs do not apply to such non-member service professionals.
- HomeAdvisor Home Experts are not licensed contractors or tradesmen, and cannot provide advice, or guidance, regarding services related to construction, maintenance or improvement.
- A Home Expert will assist you in getting your home projects for which you hire a screened and approved active member of the HomeAdvisor network (“Member Service Professional”) done right. In the event of any dispute between you and a Member Service Professional, HomeAdvisor will endeavor to help you reach a mutually acceptable resolution with the Member Service Professional, however, HomeAdvisor is not responsible or liable to either you or the Member Service Professional if a mutually acceptable resolution is not reached. Moreover, in order to receive the benefits of HomeAdvisor’s promise to help get your project done right, the following requirements apply:
- You must have a written contract signed by both you and the Member Service Professional (“Work Agreement”).
- HomeAdvisor’s obligations apply solely to work that is clearly set forth and agreed upon in the Work Agreement.
- The service professional must be a Member Service Professional and not a service professional outside of the HomeAdvisor network.
- The work must be for you as an individual consumer requesting service for your residential property (i.e. Service Requests submitted by commercial entities such as property management companies, real estate investment companies, or home builders are not covered).
- Any checks you write must be to the Member Service Professional with whom HomeAdvisor matched you. For example, if we refer you to ABC Plumbing, but you write a check to Joe Smith, you have failed to comply with this requirement.
- Your method of payment to the Member Service Professional must be provable/traceable (e.g. copy of a cancelled check)
- Any complaints about work must be able to be objectively assessed, rather than subjective (e.g., dissatisfaction with a color or trim that you selected).
- You must first seek a remedy with the Member Service Professional before reaching out to HomeAdvisor for assistance.
- You must contact HomeAdvisor customer service via phone, e-mail, letter, fax, or online "live chat" within 60 days following the events giving rise to your issue or concern. If you notify HomeAdvisor that you are dissatisfied with the work performed by a Member Service Professional, and that you have been unable to resolve any dispute with the Member Service Professional, HomeAdvisor may elect, in its sole discretion and at no expense to you, to have one or more additional HomeAdvisor Member Service Professionals ("Reviewing Service Professionals") inspect the service or project, potentially including visiting the job site and interviewing you, and render their opinion to HomeAdvisor as it relates to the workmanship and service of the original Member Service Professional. If HomeAdvisor chooses to employ this approach, which is solely at HomeAdvisor's discretion, then you must accommodate such a visit and provide complete and accurate information to the Reviewing Service Professional.
- HomeAdvisor shall also have the right, in its sole discretion, to choose whether to have another HomeAdvisor Member Service Professional ("Remedy Service Professional") provide service to remedy the workmanship or services in dispute at no expense to you.
- All disputes with Member Service Professionals must be thoroughly and accurately documented in writing and copies of all related documents, including original signed contracts or agreements, evidence of payments, signed change orders, etc. must be provided to HomeAdvisor if you would like your Home Expert to assist in resolving any disputes.
Effective December 23rd 2020 to October 20th 2021
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The following are the terms and conditions applicable to Home Concierge by HomeAdvisor. By using Home Concierge services, you agree that you are bound by the following terms and conditions, as well as the general HomeAdvisor Terms and Conditions (together, your “Agreement”).
- You will not be assigned a specific HomeAdvisor customer care representative as your Home Expert, rather, your Home Expert may be different HomeAdvisor representatives, based upon availability at the time of your request.
- Home Concierge covers only assistance with home services related requests, and specifically excludes legal, medical, tax or other non home-services related support.
- A Home Expert cannot and will not negotiate or sign contracts for you.
- A Home Expert cannot guarantee pricing or preferential treatment by service professionals.
- Requests made for a Home Expert to find the lowest priced services will be done by a Home Expert in a commercially reasonable manner until the Home Expert believes that the price found is the lowest reasonable price, in certain cases by providing you with HomeAdvisor’s True Cost Guides to help you evaluate pricing.
- A Home Expert cannot be used for physical tasks (e.g., meeting potential contractors in person);
- A Home Expert cannot assist you with obtaining building permits.
- Your Concierge service may only be used for personal home services needs, and may not be used for commercial or business purposes. In certain cases, and only with your permission, a Home Expert may search outside of the screened and approved HomeAdvisor network to find a service professional that can complete your job. If you choose to hire a service professional that is not a screened and approved member of the HomeAdvisor network, HomeAdvisor expressly disclaims any and all warranties, guarantees, representations, or assurances with respect to that service professional, their actions or inactions, and the work they provide, including that the project will be done right. Further, in such event, the pre-screening section of the HomeAdvisor Consumer T&Cs do not apply to such non-member service professionals.
- HomeAdvisor Home Experts are not licensed contractors or tradesmen, and cannot provide advice, or guidance, regarding services related to construction, maintenance or improvement.
- A Home Expert will assist you in getting your home projects for which you hire a screened and approved active member of the HomeAdvisor network (“Member Service Professional”) done right. In the event of any dispute between you and a Member Service Professional, HomeAdvisor will endeavor to help you reach a mutually acceptable resolution with the Member Service Professional, however, HomeAdvisor is not responsible or liable to either you or the Member Service Professional if a mutually acceptable resolution is not reached. Moreover, in order to receive the benefits of HomeAdvisor’s promise to help get your project done right, the following requirements apply:
- You must have a written contract signed by both you and the Member Service Professional (“Work Agreement”).
- HomeAdvisor’s obligations apply solely to work that is clearly set forth and agreed upon in the Work Agreement.
- The service professional must be a Member Service Professional and not a service professional outside of the HomeAdvisor network.
- The work must be for you as an individual consumer requesting service for your residential property (i.e. Service Requests submitted by commercial entities such as property management companies, real estate investment companies, or home builders are not covered).
- Any checks you write must be to the Member Service Professional with whom HomeAdvisor matched you. For example, if we refer you to ABC Plumbing, but you write a check to Joe Smith, you have failed to comply with this requirement.
- Your method of payment to the Member Service Professional must be provable/traceable (e.g. copy of a cancelled check)
- Any complaints about work must be able to be objectively assessed, rather than subjective (e.g., dissatisfaction with a color or trim that you selected).
- You must first seek a remedy with the Member Service Professional before reaching out to HomeAdvisor for assistance.
- You must contact HomeAdvisor customer service via phone, e-mail, letter, fax, or online "live chat" within 60 days following the events giving rise to your issue or concern. If you notify HomeAdvisor that you are dissatisfied with the work performed by a Member Service Professional, and that you have been unable to resolve any dispute with the Member Service Professional, HomeAdvisor may elect, in its sole discretion and at no expense to you, to have one or more additional HomeAdvisor Member Service Professionals ("Reviewing Service Professionals") inspect the service or project, potentially including visiting the job site and interviewing you, and render their opinion to HomeAdvisor as it relates to the workmanship and service of the original Member Service Professional. If HomeAdvisor chooses to employ this approach, which is solely at HomeAdvisor's discretion, then you must accommodate such a visit and provide complete and accurate information to the Reviewing Service Professional.
- HomeAdvisor shall also have the right, in its sole discretion, to choose whether to have another HomeAdvisor Member Service Professional ("Remedy Service Professional") provide service to remedy the workmanship or services in dispute at no expense to you.
- All disputes with Member Service Professionals must be thoroughly and accurately documented in writing and copies of all related documents, including original signed contracts or agreements, evidence of payments, signed change orders, etc. must be provided to HomeAdvisor if you would like your Home Expert to assist in resolving any disputes.
Angi Key Membership Terms
Effective December 27th 2022
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- Select: We may from time to time offer you the opportunity to purchase certain Book Now services at a discount provided that you first agree to purchase an annual Angi Key ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Membership cannot be combined or used with any other discounts, coupons or offers on Book Now Services, unless expressly stated by Angi. Membership discounts will be applied prior to any additional eligible coupons or discounts.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Membership, you will be billed immediately for your initial Membership subscription period. BY ENROLLING IN THE MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now services while you are enrolled in the Angi Key Membership is subject to the Book Now Services cancellation policy located at https://legal.homeadvisor.com/#book-now-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEMBERSHIP RENEWAL DATE. You may cancel your Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St., Ste. 700, Denver, CO 80205. Following cancellation of your Membership you will continue to have access to the Membership through the end of your current paid Membership period. Should you cancel your Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Membership period
Effective November 11th 2022 to December 27th 2022
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- Select: We may from time to time offer you the opportunity to purchase certain Book Now services at a discount provided that you first agree to purchase an annual Angi Key ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Membership cannot be combined or used with any other discounts, coupons or offers on Book Now Services, unless expressly stated by Angi. Membership discounts will be applied prior to any additional eligible coupons or discounts.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Membership, you will be billed immediately for your initial Membership subscription period. BY ENROLLING IN THE MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now services while you are enrolled in the Angi Key Membership is subject to the Book Now Services cancellation policy located at https://legal.homeadvisor.com/#book-now-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEMBERSHIP RENEWAL DATE. You may cancel your Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St., Ste. 700, Denver, CO 80205. Following cancellation of your Membership you will continue to have access to the Membership through the end of your current paid Membership period. Should you cancel your Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Membership period.
- ADDITIONAL MEMBERSHIP BENEFITS AND LIMITATION ON MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Book Now Services, your discount is capped at $35 per service and must be requested via HomeAdvisor.
Effective November 11th 2022 to November 11th 2022
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- Select: We may from time to time offer you the opportunity to purchase certain Book Now services at a discount provided that you first agree to purchase an annual Angi Key ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Membership cannot be combined or used with any other discounts, coupons or offers on Book Now Services, unless expressly stated by Angi. Membership discounts will be applied prior to any additional eligible coupons or discounts.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Membership, you will be billed immediately for your initial Membership subscription period. BY ENROLLING IN THE MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now services while you are enrolled in the Angi Key Membership is subject to the Book Now Services cancellation policy located at https://legal.homeadvisor.com/#book-now-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEMBERSHIP RENEWAL DATE. You may cancel your Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St., Ste. 700, Denver, CO 80205. Following cancellation of your Membership you will continue to have access to the Membership through the end of your current paid Membership period. Should you cancel your Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Membership period.
- ADDITIONAL MEMBERSHIP BENEFITS AND LIMITATION ON MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Book Now Services, your discount is capped at $35 per service and must be requested via HomeAdvisor.
Effective May 16th 2022 to November 11th 2022
DownloadTable of Contents
- Select: We may from time to time offer you the opportunity to purchase certain Book Now services at a discount provided that you first agree to purchase an annual Angi Key ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Membership cannot be combined or used with any other discounts, coupons or offers on Book Now Services, unless expressly stated by Angi. Membership discounts will be applied prior to any additional eligible coupons or discounts.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Membership, you will be billed immediately for your initial Membership subscription period. BY ENROLLING IN THE MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now services while you are enrolled in the Angi Key Membership is subject to the Book Now Services cancellation policy located at https://legal.homeadvisor.com/#book-now-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEMBERSHIP RENEWAL DATE. You may cancel your Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St., Ste. 700, Denver, CO 80205. Following cancellation of your Membership you will continue to have access to the Membership through the end of your current paid Membership period. Should you cancel your Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Membership period.
- ADDITIONAL MEMBERSHIP BENEFITS AND LIMITATION ON MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Book Now Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via Angi Pay.
Effective October 20th 2021 to May 16th 2022
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- Select: We may from time to time offer you the opportunity to purchase certain Fixed Price Services at a discount provided that you first agree to purchase an annual Angi Key ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Membership cannot be combined or used with any other discounts, coupons or offers on Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Membership, you will be billed immediately for your initial Membership subscription period. BY ENROLLING IN THE MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in the Angi Key Membership is subject to the Fixed Price Services cancellation policy located at https://legal.homeadvisor.com/#fixed-price-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEMBERSHIP RENEWAL DATE. You may cancel your Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St., Ste. 700, Denver, CO 80205. Following cancellation of your Membership you will continue to have access to the Membership through the end of your current paid Membership period. Should you cancel your Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Membership period.
- ADDITIONAL MEMBERSHIP BENEFITS AND LIMITATION ON MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via Angi Pay.
Effective June 22nd 2021 to October 20th 2021
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- Select: We may from time to time offer you the opportunity to purchase certain Fixed Price Services at a discount provided that you first agree to purchase an annual Angi Key ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Membership cannot be combined or used with any other discounts, coupons or offers on Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Membership, you will be billed immediately for your initial Membership subscription period. BY ENROLLING IN THE MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in the Angi Key Membership is subject to the Fixed Price Services cancellation policy located at https://legal.homeadvisor.com/#fixed-price-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEMBERSHIP RENEWAL DATE. You may cancel your Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St., Ste. 700, Denver, CO 80205. Following cancellation of your Membership you will continue to have access to the Membership through the end of your current paid Membership period. Should you cancel your Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Membership period.
- ADDITIONAL MEMBERSHIP BENEFITS AND LIMITATION ON MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via Angi Pay.
Effective June 21st 2021 to June 22nd 2021
DownloadTable of Contents
- Select: We may from time to time offer you the opportunity to purchase certain Fixed Price Services at a discount provided that you first agree to purchase an annual Angi Key ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Membership cannot be combined or used with any other discounts, coupons or offers on Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Membership, you will be billed immediately for your initial Membership subscription period. BY ENROLLING IN THE MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in the Angi Key Membership is subject to the Fixed Price Services cancellation policy located at https://legal.homeadvisor.com/#fixed-price-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEMBERSHIP RENEWAL DATE. You may cancel your Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St., Ste. 700, Denver, CO 80205. Following cancellation of your Membership you will continue to have access to the Membership through the end of your current paid Membership period. Should you cancel your Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Membership period.
- ADDITIONAL MEMBERSHIP BENEFITS AND LIMITATION ON MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via Angi Pay.
Effective June 20th 2021 to June 21st 2021
DownloadTable of Contents
- Select: We may from time to time offer you the opportunity to purchase certain Fixed Price Services at a discount provided that you first agree to purchase an annual Savings Membership ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Savings Membership cannot be combined or used with any other discounts, coupons or offers on Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Savings Membership, you will be billed immediately for your initial Savings Membership subscription period. BY ENROLLING IN THE SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE SAVINGS MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in the Savings Membership is subject to the Fixed Price Services cancellation policy located at https://legal.homeadvisor.com/#fixed-price-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Savings Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Savings Membership you will continue to have access to the Savings Membership through the end of your current paid Savings Membership period. Should you cancel your Savings Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Savings Membership period.
- ADDITIONAL SAVINGS MEMBERSHIP BENEFITS AND LIMITATION ON SAVINGS MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
Effective March 17th 2021 to June 20th 2021
DownloadTable of Contents
- Select: We may from time to time offer you the opportunity to purchase certain Fixed Price Services at a discount provided that you first agree to purchase an annual Savings Membership ("Membership") either through HomeAdvisor or Angi. Any discounts obtained through the Savings Membership cannot be combined or used with any other discounts, coupons or offers on Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Savings Membership, you will be billed immediately for your initial Savings Membership subscription period. BY ENROLLING IN THE SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE SAVINGS MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in the Savings Membership is subject to the Fixed Price Services cancellation policy located at https://legal.homeadvisor.com/#fixed-price-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Savings Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Savings Membership you will continue to have access to the Savings Membership through the end of your current paid Savings Membership period. Should you cancel your Savings Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Savings Membership period.
- ADDITIONAL SAVINGS MEMBERSHIP BENEFITS AND LIMITATION ON SAVINGS MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
Effective January 29th 2021 to March 17th 2021
DownloadTable of Contents
- Select: We may from time to time offer you the opportunity to purchase certain Fixed Price Services at a discount provided that you first agree to purchase an annual Savings Membership ("Membership") either through HomeAdvisor or Angie's List. Any discounts obtained through the Savings Membership cannot be combined or used with any other discounts, coupons or offers on Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase the Savings Membership, you will be billed immediately for your initial Savings Membership subscription period. BY ENROLLING IN THE SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH THE SAVINGS MEMBERSHIP, YOU AUTHORIZE US TO CHARGE YOU FOR YOUR INITIAL SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in the Savings Membership is subject to the Fixed Price Services cancellation policy located at https://legal.homeadvisor.com/#fixed-price-terms, including the payment of any cancellation fees.
- Declination of Payment: If an eligible payment method we have on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Savings Membership by visiting the Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Savings Membership you will continue to have access to the Savings Membership through the end of your current paid Savings Membership period. Should you cancel your Savings Membership, we reserve the right to cancel any Fixed Price Service appointments scheduled outside the current paid Savings Membership period.
- ADDITIONAL SAVINGS MEMBERSHIP BENEFITS AND LIMITATION ON SAVINGS MEMBERSHIP FOR HOMEADVISOR MEMBERS: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
Happiness Guarantee
Effective April 21st 2025
DownloadTable of Contents
- “Company” means Angi, Inc., HomeAdvisor, Inc., Angie’s List, Inc., Handy Technologies, Inc., and their respective subsidiaries, parents, and affiliates.
- “Platform” means the website(s), mobile app(s), or phone sales operation(s) operated by the Company under the HomeAdvisor and Angi brand names.
- “Qualifying Service” means a service performed by a Service Professional matched to you by the Company and which you fully paid for through the Platform.
- “Book Now Service” means a Qualifying Service purchased directly through the Platform that has an upfront price charged by the Company and is governed by the Book Now Terms and Conditions.
- We encourage you to read these full Guarantee terms and conditions prior to submitting a claim.
- A note about different types of Qualifying Services: Please note that you may purchase Services through the Company that have upfront prices, or you may purchase services through the Company for which pricing is later negotiated (including services governed by the Project Advisor Terms and Conditions ). The limits, eligibility requirements, and applicable exclusions of the Happiness Guarantee are different depending upon whether or not you paid an upfront price for the Qualifying Service. See Subsections (c), (e) and (f) for details.
- you have violated this Agreement or any other Agreement with the Company;
- you failed to report the claim within sixty (60) days after you made or Angi made the first payment toward the Qualifying Service;
- you have hired another provider to repair or remediate any property that is the subject of your claim before reporting your claim to the Company;
- any service that is not both booked and fully paid for directly through Angi;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from your acts or omissions;
- losses arising from the negligence or misconduct of you or a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses arising from normal wear and tear;
- losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses of pets, personal liability or damage to shared or common areas;
- losses of theft without a valid police report, if requested by the Company; and losses with insufficient documentation;
- losses occurring after, or unrelated to, the performance of a Qualifying Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses due to medical bills, legal fees, or arbitration fees;
- losses that cannot be proven by you to have been caused by the Qualifying Service, in the Company’s determination;
- losses resulting from scheduling or timing issues; and
- losses reported by third parties.
- you failed to report the claim within seventy-two (72) hours after your Book Now Service appointment;
- your account with the Company is not in good standing and/or you have outstanding balances owed to the Company;
- you failed to identify fragile and other breakable items and/or communicate the location and identity of those items to your Service Professional prior to the start of your Book Now Service;
- you failed to account for and secure all valuables prior to the start of your Book Now Service;
- losses of merchandise;
- all losses arising out of acts of nature;
- losses for property damage exceeding the original value and/or replacement value for such property, less any standard depreciation;
- all losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses as a result of an intentional wrongful act by a Service Professional;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- losses related to repairs outside of the area where the Qualifying Service was performed; and
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items.
- For Book Now Services only, alert the Company by email at claims@book.homeadvisor.com.
- For Qualifying Services that are not Book Now Services, alert the Company by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.
- Be prepared to provide the following:
- A rating for the project;
- Details regarding the scope of the Qualifying Service;
- Documentation such as contracts, pictures, text messages or any other pertinent information;
- your desired resolution; and
- Any other requested information.
- For Book Now Services only, you will be asked to complete a claim form within seven (7) days of receipt. If you do not complete the claim form in its entirety within seven (7) days of receipt, your claim will no longer be eligible for the Happiness Guarantee.
- In reporting a claim to the Company under this Happiness Guarantee, you agree to: (a) protect and preserve any damaged property that is the basis of the claim from further damage; (b) assist and allow the Company and/or its insurers access to inspect and make copies, photographs, and recordings of anything related to the claim; (c) accept repairs and/or remediation in lieu of compensation; (d) submit requested materials by the dates outlined by the the Company’s resolutions team(s); and (e) accept a replacement item subject to the standard depreciation of that item.
- All claims will be reviewed on a case-by-case basis. During the claims assessment process, you may be required to provide written detailed: (a) proof of ownership of any damaged/missing items; (b) proof of value of any damaged/missing item; and (c) proof of damage or loss. If such information is requested, you will have thirty (30) days from the date of request to send the Company the requested information. If you fail to provide the requested information within the thirty (30) day period and/or fail to contact the Company to arrange for an extension of time, your claim will be considered closed and you will no longer be eligible for the Happiness Guarantee.
- If any part of your claim is approved, then as a condition to any payment to you under the Happiness Guarantee, you will be required to execute and deliver to the Company a release agreement within fourteen (14) days of your receipt of such agreement from the Company. You will also be required to assign to the Company and/or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible from such claim, as well as any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if you do not sign and return it to the Company within fourteen (14) days of receipt, and your claim shall no longer be eligible for the Happiness Guarantee.
Effective February 12th 2024 to April 21st 2025
DownloadTable of Contents
- “Company” means Angi, Inc., HomeAdvisor, Inc., Angie’s List, Inc., Handy Technologies, Inc., and their respective subsidiaries, parents, and affiliates.
- “Platform” means the website(s), mobile app(s), or phone sales operation(s) operated by the Company under the HomeAdvisor and Angi brand names.
- “Qualifying Service” means a service performed by a Service Professional matched to you by the Company and which you fully paid for through the Platform.
- “Book Now Service” means a Qualifying Service purchased directly through the Platform that has an upfront price charged by the Company and is governed by the Book Now Terms and Conditions.
- We encourage you to read these full Guarantee terms and conditions prior to submitting a claim.
- The Happiness Guarantee provides certain limited protections provided by the Company for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, the Company will either (a) have the Qualifying Service reperformed and/or any quality or damage issues resolved by the same or a different Service Professional; or (b) compensate you the greater of: (1) the amount you paid though the Platform for the Qualifying Service or (2) the amount of damage that can be proven by you, in the Company’s sole determination, was directly caused by such Qualifying Service. In no event shall the Company’s liability under the Happiness Guarantee exceed Two Thousand Five Hundred Dollars ($2,500.00) per Book Now Service or Fifty Thousand Dollars ($50,000.00) for any Qualifying Service that is not a Book Now Service.
- A note about different types of Qualifying Services: Please note that you may purchase Services through the Company that have upfront prices, or you may purchase services through the Company for which pricing is later negotiated (including services governed by the Project Advisor Terms and Conditions ). The limits, eligibility requirements, and applicable exclusions of the Happiness Guarantee are different depending upon whether or not you paid an upfront price for the Qualifying Service. See Subsections (c), (e) and (f) for details.
- you have violated this Agreement or any other Agreement with the Company;
- you failed to report the claim within sixty (60) days after you made or Angi made the first payment toward the Qualifying Service;
- you have hired another provider to repair or remediate any property that is the subject of your claim before reporting your claim to the Company;
- any service that is not both booked and fully paid for directly through Angi;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from your acts or omissions;
- losses arising from the negligence or misconduct of you or a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses arising from normal wear and tear;
- losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses of pets, personal liability or damage to shared or common areas;
- losses of theft without a valid police report, if requested by the Company; and losses with insufficient documentation;
- losses occurring after, or unrelated to, the performance of a Qualifying Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses due to medical bills, legal fees, or arbitration fees;
- losses that cannot be proven by you to have been caused by the Qualifying Service, in the Company’s determination;
- losses resulting from scheduling or timing issues; and
- losses reported by third parties.
- you failed to report the claim within seventy-two (72) hours after your Book Now Service appointment;
- your account with the Company is not in good standing and/or you have outstanding balances owed to the Company;
- you failed to identify fragile and other breakable items and/or communicate the location and identity of those items to your Service Professional prior to the start of your Book Now Service;
- you failed to account for and secure all valuables prior to the start of your Book Now Service;
- losses of merchandise;
- all losses arising out of acts of nature;
- losses for property damage exceeding the original value and/or replacement value for such property, less any standard depreciation;
- all losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses as a result of an intentional wrongful act by a Service Professional;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- losses related to repairs outside of the area where the Qualifying Service was performed; and
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items.
- For Book Now Services only, alert the Company by email at claims@book.homeadvisor.com.
- For Qualifying Services that are not Book Now Services, alert the Company by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.
- Be prepared to provide the following:
- A rating for the project;
- Details regarding the scope of the Qualifying Service;
- Documentation such as contracts, pictures, text messages or any other pertinent information;
- your desired resolution; and
- Any other requested information.
- For Book Now Services only, you will be asked to complete a claim form within seven (7) days of receipt. If you do not complete the claim form in its entirety within seven (7) days of receipt, your claim will no longer be eligible for the Happiness Guarantee.
- In reporting a claim to the Company under this Happiness Guarantee, you agree to: (a) protect and preserve any damaged property that is the basis of the claim from further damage; (b) assist and allow the Company and/or its insurers access to inspect and make copies, photographs, and recordings of anything related to the claim; (c) accept repairs and/or remediation in lieu of compensation; (d) submit requested materials by the dates outlined by the the Company’s resolutions team(s); and (e) accept a replacement item subject to the standard depreciation of that item.
- All claims will be reviewed on a case-by-case basis. During the claims assessment process, you may be required to provide written detailed: (a) proof of ownership of any damaged/missing items; (b) proof of value of any damaged/missing item; and (c) proof of damage or loss. If such information is requested, you will have thirty (30) days from the date of request to send the Company the requested information. If you fail to provide the requested information within the thirty (30) day period and/or fail to contact the Company to arrange for an extension of time, your claim will be considered closed and you will no longer be eligible for the Happiness Guarantee.
- If any part of your claim is approved, then as a condition to any payment to you under the Happiness Guarantee, you will be required to execute and deliver to the Company a release agreement within fourteen (14) days of your receipt of such agreement from the Company. You will also be required to assign to the Company and/or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible from such claim, as well as any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if you do not sign and return it to the Company within fourteen (14) days of receipt, and your claim shall no longer be eligible for the Happiness Guarantee.
Effective July 7th 2022 to February 12th 2024
DownloadTable of Contents
- “Company” means Angi, Inc., HomeAdvisor, Inc., Angie’s List, Inc., Handy Technologies, Inc., and their respective subsidiaries, parents, and affiliates.
- “Platform” means the website(s), mobile app(s), or phone sales operation(s) operated by the Company under the HomeAdvisor and Angi brand names.
- “Qualifying Service” means a service performed by a Service Professional matched to you by the Company and which you fully paid for through the Platform.
- “Book Now Service” means a Qualifying Service purchased directly through the Platform that has an upfront price charged by the Company and is governed by the Book Now Terms and Conditions.
- We encourage you to read these full Guarantee terms and conditions prior to submitting a claim.
- The Happiness Guarantee provides certain limited protections provided by the Company for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, the Company will either (a) have the Qualifying Service reperformed and/or any quality or damage issues resolved by the same or a different Service Professional; or (b) compensate you the greater of: (1) the amount you paid though the Platform for the Qualifying Service or (2) the amount of damage that can be proven by you, in the Company’s sole determination, was directly caused by such Qualifying Service. In no event shall the Company’s liability under the Happiness Guarantee exceed Two Thousand Five Hundred Dollars ($2,500.00) per Book Now Service or Fifty Thousand Dollars ($50,000.00) for any Qualifying Service that is not a Book Now Service.
- A note about different types of Qualifying Services: Please note that you may purchase Services through the Company that have upfront prices, or you may purchase services through the Company for which pricing is later negotiated (including services governed by the Project Advisor Terms and Conditions ). The limits, eligibility requirements, and applicable exclusions of the Happiness Guarantee are different depending upon whether or not you paid an upfront price for the Qualifying Service. See Subsections (c), (e) and (f) for details.
- you have violated this Agreement or any other Agreement with the Company;
- you failed to report the claim within sixty (60) days after you made the first payment toward the Qualifying Service;
- you have hired another provider to repair or remediate any property that is the subject of your claim before reporting your claim to the Company;
- any service that is not both booked and fully paid for directly on the Platform;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from your acts or omissions;
- losses arising from the negligence or misconduct of you or a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses arising from normal wear and tear;
- losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses of pets, personal liability or damage to shared or common areas;
- losses of theft without a valid police report, if requested by the Company; and losses with insufficient documentation;
- losses occurring after, or unrelated to, the performance of a Qualifying Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses due to medical bills, legal fees, or arbitration fees;
- losses that cannot be proven by you to have been caused by the Qualifying Service, in the Company’s determination;
- losses resulting from scheduling or timing issues; and
- losses reported by third parties.
- you failed to report the claim within seventy-two (72) hours after your Book Now Service appointment;
- your account with the Company is not in good standing and/or you have outstanding balances owed to the Company;
- you failed to identify fragile and other breakable items and/or communicate the location and identity of those items to your Service Professional prior to the start of your Book Now Service;
- you failed to account for and secure all valuables prior to the start of your Book Now Service;
- losses of merchandise;
- all losses arising out of acts of nature;
- losses for property damage exceeding the original value and/or replacement value for such property, less any standard depreciation;
- all losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses as a result of an intentional wrongful act by a Service Professional;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- losses related to repairs outside of the area where the Qualifying Service was performed; and
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items.
- For Book Now Services only, alert the Company by email at claims@book.homeadvisor.com.
- For Qualifying Services that are not Book Now Services, alert the Company by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.
- Be prepared to provide the following:
- A rating for the project;
- Details regarding the scope of the Qualifying Service;
- Documentation such as contracts, pictures, text messages or any other pertinent information;
- your desired resolution; and
- Any other requested information.
- For Book Now Services only, you will be asked to complete a claim form within seven (7) days of receipt. If you do not complete the claim form in its entirety within seven (7) days of receipt, your claim will no longer be eligible for the Happiness Guarantee.
- In reporting a claim to the Company under this Happiness Guarantee, you agree to: (a) protect and preserve any damaged property that is the basis of the claim from further damage; (b) assist and allow the Company and/or its insurers access to inspect and make copies, photographs, and recordings of anything related to the claim; (c) accept repairs and/or remediation in lieu of compensation; (d) submit requested materials by the dates outlined by the the Company’s resolutions team(s); and (e) accept a replacement item subject to the standard depreciation of that item.
- All claims will be reviewed on a case-by-case basis. During the claims assessment process, you may be required to provide written detailed: (a) proof of ownership of any damaged/missing items; (b) proof of value of any damaged/missing item; and (c) proof of damage or loss. If such information is requested, you will have thirty (30) days from the date of request to send the Company the requested information. If you fail to provide the requested information within the thirty (30) day period and/or fail to contact the Company to arrange for an extension of time, your claim will be considered closed and you will no longer be eligible for the Happiness Guarantee.
- If any part of your claim is approved, then as a condition to any payment to you under the Happiness Guarantee, you will be required to execute and deliver to the Company a release agreement within fourteen (14) days of your receipt of such agreement from the Company. You will also be required to assign to the Company and/or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible from such claim, as well as any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if you do not sign and return it to the Company within fourteen (14) days of receipt, and your claim shall no longer be eligible for the Happiness Guarantee.
Effective May 4th 2022 to July 7th 2022
DownloadTable of Contents
- “Company” means Angi, Inc., HomeAdvisor, Inc., Angie’s List, Inc., Handy Technologies, Inc., and their respective subsidiaries, parents, and affiliates.
- “Platform” means the website(s), mobile app(s), or phone sales operation(s) operated by the Company under the HomeAdvisor and Angi brand names.
- “Qualifying Service” means a service performed by a Service Professional matched to you by the Company and which you fully paid for through the Platform.
- “Book Now Service” means a Qualifying Service purchased directly through the Platform that has an upfront price charged by the Company and is governed by the Book Now Terms and Conditions.
- We encourage you to read these full Guarantee terms and conditions prior to submitting a claim.
- The Happiness Guarantee provides certain limited protections provided by the Company for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, the Company will either (a) have the Qualifying Service reperformed and/or any quality or damage issues resolved by the same or a different Service Professional; or (b) compensate you the greater of: (1) the amount you paid though the Platform for the Qualifying Service or (2) the amount of damage that can be proven by you, in the Company’s sole determination, was directly caused by such Qualifying Service. In no event shall the Company’s liability under the Happiness Guarantee exceed Two Thousand Five Hundred Dollars ($2,500.00) per Book Now Service or Fifty Thousand Dollars ($50,000.00) for any Qualifying Service that is not a Book Now Service.
- A note about different types of Qualifying Services: Please note that you may purchase fixed price Services through the Company that have upfront prices, or you may purchase services through the Company for which pricing is later negotiated (including services governed by the Project Advisor Terms and Conditions ). The limits, eligibility requirements, and applicable exclusions of the Happiness Guarantee are different depending upon whether or not you paid an upfront price for the Qualifying Service. See Subsections (c), (e) and (f) for details.
- you have violated this Agreement or any other Agreement with the Company;
- you failed to report the claim within sixty (60) days after you made the first payment toward the Qualifying Service;
- you have hired another provider to repair or remediate any property that is the subject of your claim before reporting your claim to the Company;
- any service that is not both booked and fully paid for directly on the Platform;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from your acts or omissions;
- losses arising from the negligence or misconduct of you or a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses arising from normal wear and tear;
- losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses of pets, personal liability or damage to shared or common areas;
- losses of theft without a valid police report, if requested by the Company; and losses with insufficient documentation;
- losses occurring after, or unrelated to, the performance of a Qualifying Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses due to medical bills, legal fees, or arbitration fees;
- losses that cannot be proven by you to have been caused by the Qualifying Service, in the Company’s determination;
- losses resulting from scheduling or timing issues; and
- losses reported by third parties.
- you failed to report the claim within seventy-two (72) hours after your Fixed Price Service appointment;
- your account with the Company is not in good standing and/or you have outstanding balances owed to the Company;
- you failed to identify fragile and other breakable items and/or communicate the location and identity of those items to your Service Professional prior to the start of your Book Now Service;
- you failed to account for and secure all valuables prior to the start of your Book Now Service;
- losses of merchandise;
- all losses arising out of acts of nature;
- losses for property damage exceeding the original value and/or replacement value for such property, less any standard depreciation;
- all losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses as a result of an intentional wrongful act by a Service Professional;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- losses related to repairs outside of the area where the Qualifying Service was performed; and
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items.
- For Book Now Services only, alert the Company by email at claims@book.homeadvisor.com.
- For Qualifying Services that are not Book Now Services, alert the Company by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.
- Be prepared to provide the following:
- A rating for the project;
- Details regarding the scope of the Qualifying Service;
- Documentation such as contracts, pictures, text messages or any other pertinent information;
- your desired resolution; and
- Any other requested information.
- For Book Now Services only, you will be asked to complete a claim form within seven (7) days of receipt. If you do not complete the claim form in its entirety within seven (7) days of receipt, your claim will no longer be eligible for the Happiness Guarantee.
- In reporting a claim to the Company under this Happiness Guarantee, you agree to: (a) protect and preserve any damaged property that is the basis of the claim from further damage; (b) assist and allow the Company and/or its insurers access to inspect and make copies, photographs, and recordings of anything related to the claim; (c) accept repairs and/or remediation in lieu of compensation; (d) submit requested materials by the dates outlined by the the Company’s resolutions team(s); and (e) accept a replacement item subject to the standard depreciation of that item.
- All claims will be reviewed on a case-by-case basis. During the claims assessment process, you may be required to provide written detailed: (a) proof of ownership of any damaged/missing items; (b) proof of value of any damaged/missing item; and (c) proof of damage or loss. If such information is requested, you will have thirty (30) days from the date of request to send the Company the requested information. If you fail to provide the requested information within the thirty (30) day period and/or fail to contact the Company to arrange for an extension of time, your claim will be considered closed and you will no longer be eligible for the Happiness Guarantee.
- If any part of your claim is approved, then as a condition to any payment to you under the Happiness Guarantee, you will be required to execute and deliver to the Company a release agreement within fourteen (14) days of your receipt of such agreement from the Company. You will also be required to assign to the Company and/or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible from such claim, as well as any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if you do not sign and return it to the Company within fourteen (14) days of receipt, and your claim shall no longer be eligible for the Happiness Guarantee.
Effective March 16th 2021 to May 4th 2022
DownloadTable of Contents
- “Company” means Angi, Inc., HomeAdvisor, Inc., Angie’s List, Inc., Handy Technologies, Inc., and their respective subsidiaries, parents, and affiliates.
- “Platform” means the website(s), mobile app(s), or phone sales operation(s) operated by the Company under the HomeAdvisor and Angi brand names.
- “Qualifying Service” means a service performed by a Service Professional matched to you by the Company and which you fully paid for through the Platform.
- “Pre-Priced Service” means a Qualifying Service purchased directly through the Platform that has an upfront price charged by the Company and is governed by the Fixed Price Terms and Conditions .
- We encourage you to read these full Guarantee terms and conditions prior to submitting a claim.
- The Happiness Guarantee provides certain limited protections provided by the Company for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, the Company will either (a) have the Qualifying Service reperformed and/or any quality or damage issues resolved by the same or a different Service Professional; or (b) compensate you the greater of: (1) the amount you paid though the Platform for the Qualifying Service or (2) the amount of damage that can be proven by you, in the Company’s sole determination, was directly caused by such Qualifying Service. In no event shall the Company’s liability under the Happiness Guarantee exceed Ten Thousand Dollars ($10,000) per Pre-Priced Service or Fifty Thousand Dollars ($50,000.00) for any Qualifying Service that is not a Pre-Priced Service.
- A note about different types of Qualifying Services: Please note that you may purchase Pre-Priced Services through the Company that have upfront prices, or you may purchase services through the Company for which pricing is later negotiated (including services governed by the Project Advisor Terms and Conditions ). The limits, eligibility requirements, and applicable exclusions of the Happiness Guarantee are different depending upon whether or not you paid an upfront price for the Qualifying Service. See Subsections (c), (e) and (f) for details.
- you have violated this Agreement or any other Agreement with the Company;
- you failed to report the claim within sixty (60) days after you made the first payment toward the Qualifying Service;
- you have hired another provider to repair or remediate any property that is the subject of your claim before reporting your claim to the Company;
- any service that is not both booked and fully paid for directly on the Platform;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from your acts or omissions;
- losses arising from the negligence or misconduct of you or a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses arising from normal wear and tear;
- losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses of pets, personal liability or damage to shared or common areas;
- losses of theft without a valid police report, if requested by the Company; and losses with insufficient documentation;
- losses occurring after, or unrelated to, the performance of a Qualifying Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses due to medical bills, legal fees, or arbitration fees;
- losses that cannot be proven by you to have been caused by the Qualifying Service, in the Company’s determination;
- losses resulting from scheduling or timing issues; and
- losses reported by third parties.
- you failed to report the claim within seventy-two (72) hours after your Fixed Price Service appointment;
- your account with the Company is not in good standing and/or you have outstanding balances owed to the Company;
- you failed to identify fragile and other breakable items and/or communicate the location and identity of those items to your Service Professional prior to the start of your Pre-Priced Service;
- you failed to account for and secure all valuables prior to the start of your Pre-Priced Service;
- losses of merchandise;
- all losses arising out of acts of nature;
- losses for property damage exceeding the original value and/or replacement value for such property, less any standard depreciation;
- all losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses as a result of an intentional wrongful act by a Service Professional;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- losses related to repairs outside of the area where the Qualifying Service was performed; and
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items.
- For Pre-Priced Services only, alert the Company by email at claims@book.homeadvisor.com.
- For Qualifying Services that are not Pre-Priced Services, alert the Company by phone at (866) 786-8474, by email at customersolutions@homeadvisor.com, or by online chat and providing all of the requested information about your issue.
- Be prepared to provide the following:
- A rating for the project;
- Details regarding the scope of the Qualifying Service;
- Documentation such as contracts, pictures, text messages or any other pertinent information;
- your desired resolution; and
- Any other requested information.
- For Pre-Price Services only, you will be asked to complete a claim form within seven (7) days of receipt. If you do not complete the claim form in its entirety within seven (7) days of receipt, your claim will no longer be eligible for the Happiness Guarantee.
- In reporting a claim to the Company under this Happiness Guarantee, you agree to: (a) protect and preserve any damaged property that is the basis of the claim from further damage; (b) assist and allow the Company and/or its insurers access to inspect and make copies, photographs, and recordings of anything related to the claim; (c) accept repairs and/or remediation in lieu of compensation; (d) submit requested materials by the dates outlined by the the Company’s resolutions team(s); and (e) accept a replacement item subject to the standard depreciation of that item.
- All claims will be reviewed on a case-by-case basis. During the claims assessment process, you may be required to provide written detailed: (a) proof of ownership of any damaged/missing items; (b) proof of value of any damaged/missing item; and (c) proof of damage or loss. If such information is requested, you will have thirty (30) days from the date of request to send the Company the requested information. If you fail to provide the requested information within the thirty (30) day period and/or fail to contact the Company to arrange for an extension of time, your claim will be considered closed and you will no longer be eligible for the Happiness Guarantee.
- If any part of your claim is approved, then as a condition to any payment to you under the Happiness Guarantee, you will be required to execute and deliver to the Company a release agreement within fourteen (14) days of your receipt of such agreement from the Company. You will also be required to assign to the Company and/or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible from such claim, as well as any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if you do not sign and return it to the Company within fourteen (14) days of receipt, and your claim shall no longer be eligible for the Happiness Guarantee.
Real Estate Program Terms
Effective January 29th 2025
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Effective January 29th 2025 to January 29th 2025
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Effective June 6th 2023 to January 29th 2025
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Effective April 7th 2023 to June 6th 2023
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Effective March 30th 2023 to April 7th 2023
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Super Service Award License Agreement
Effective November 4th 2024
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- DEFINITIONS
- QUALITY CONTROL
- MONETARY RESTRICTIONS ON WEBSITE USAGE
- TERMINATION
- INFRINGEMENT
- DISCLAIMERS
- INDEMNIFICATION
- ASSIGNMENT
- GENERAL
Effective November 2nd 2023 to November 4th 2024
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- DEFINITIONS
- QUALITY CONTROL
- MONETARY RESTRICTIONS ON WEBSITE USAGE
- TERMINATION
- INFRINGEMENT
- DISCLAIMERS
- INDEMNIFICATION
- ASSIGNMENT
- GENERAL
Effective October 6th 2022 to November 2nd 2023
DownloadTable of Contents
- DEFINITIONS
- QUALITY CONTROL
- MONETARY RESTRICTIONS ON WEBSITE USAGE
- TERMINATION
- INFRINGEMENT
- DISCLAIMERS
- INDEMNIFICATION
- ASSIGNMENT
- GENERAL
Super Service Award Usage Standards
Angi Code of Conduct
Effective March 17th 2021
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Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price. As a homeowner, be considerate of pros’ time and money. Also, be fair in giving pros the reviews they’ve earned and deserve.
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. As a homeowner, be honest if you have no intention of completing a project. Always be upfront if something isn’t going as agreed upon or planned.
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. Angi adheres to a strict zero-tolerance discrimination policy.
Effective June 26th 2020 to March 17th 2021
DownloadTable of Contents
Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price. As a homeowner, be considerate of pros’ time and money. Also, be fair in giving pros the reviews they’ve earned and deserve.
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. As a homeowner, be honest if you have no intention of completing a project. Always be upfront if something isn’t going as agreed upon or planned.
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. Angie’s List adheres to a strict zero-tolerance discrimination policy.
Angi Pro Terms
Effective September 9th 2025
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- Who’s Who
In this Agreement, HomeAdvisor, Inc. dba Angi Pro will be referred to as “we” or “us” or “Angi” as appropriate. You, as a pro who has joined the Angi network, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," or “Approved Pro.” Other pros who may or may not have joined our network as Approved Pros are referred to in this Agreement as "non-approved pros.” Together, Approved Pros and non-approved pros are referred to as “Pros.” Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to non-approved pros also apply to and bind you. References herein to the Angi "Website" include any and all websites or mobile applications now, or hereafter, owned or operated by Angi. - What We Offer All Approved Pros
- Angi puts your business on a platform which millions of homeowners per month visit to explore home improvement services. Angi connects contractors who meet certain eligibility requirements determined by Angi and join the Angi network (“Approved Pros”) with consumers who have expressed an interest in home improvement services (“Homeowners”). Approved Pros choose the service categories and locations in which they wish to be presented to Homeowners. Angi helps make these connections in a variety of ways, including:
- Leads. Angi receives requests from Homeowners expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“Service Requests”). These Service Requests from Homeowners may be submitted directly or indirectly to Angi by Homeowners via the Angi App, angi.com, homeadvisor.com, telephone calls, third-party websites or other means. In turn, Angi may send you a communication about a Homeowner’s Service Request that contains information about what service has been requested and the Homeowner’s contact information, may send a Homeowner your contact information for the Homeowner to decide whether to reach out to you, and/or may facilitate a communication between you and the Homeowner (a “Lead”).
- Leads are not guaranteed jobs – Angi does not provide or guarantee jobs, and frequently a Lead is sent to several other Approved Pros, including to contractors that use Angi Services (our pre priced job platform).
- Description of Lead Types – A full description of lead types may be found here. For Leads, we will provide a means of communication between you and the Homeowner (i.e., in some cases we will provide a means for the Homeowner to reach out to you rather than for you to reach out to the Homeowner).
- Controlling Your Lead Flow – If you turn off your Leads, you may not receive the total amount of Leads available to you in a given billing period. For Approved Pros with a Subscription, you may not achieve your monthly value if you turn off your Leads.
- You may receive the ability to purchase Leads on pay-per-Lead basis or as part of a package, and any such purchases and Leads are subject to these Terms and Conditions.
- During the sales and onboarding processes, Approved Pros may receive guidance about the number of Leads they may receive during their advertising relationship with Angi (“Guidance”). Guidance is an estimate only and is not guaranteed. Guidance is based on a number of factors, including without limitation, ratings, review count, response time, and how well Approved Pros actively build and maintain their reputations. Lead volume can be impacted by factors outside of Angi’s, or even the Approved Pros’, control, including without limitation, seasonality and home improvement market trends.
- You expressly agree that a failure to receive the number of Leads suggested by the given Guidance shall not be considered a breach of this Agreement on the part of Angi. Further, you expressly agree that a failure to receive the number of Leads suggested by the given Guidance shall not provide an exemption for payment of any fees or, in the event you terminate the Agreement, exemption for payment of any early termination fee.
- Profiles
- Displaying Profiles In or Outside of the Angi Directory – Angi may display the profiles of Approved Pros (or links to those profiles) in various areas on the platforms of Angi or any of its affiliates, including on the Angi Directory (see below), in locations on Angi’s platform where Homeowners submit service requests, or on web pages outside of the Angi platform.
- Enhanced Profiles – Approved Pros may be provided with a public profile that can be used to market your business and gain exposure through the Angi platform. Approved Pros may have the opportunity to configure and enhance their profiles with additional features beyond the options provided to non-Angi-approved pros who do not advertise with Angi.
- Badging and Other Enhanced Designations – From time to time, Approved Pros may be provided with certain badging or designations that can be displayed on their profiles, to be determined by Angi in its sole discretion (e.g., “Angi Approved,” “Approved Business,” etc.).
- Angi Directory
- Presence in the Angi Directory – You may receive a profile page on our sites that will provide information to prospective Homeowners about the services you provide and the quality of your work.
- Sorting in the Angi Directory – Approved Pros will sort above non–approved pros in the Angi Directory, subject to limited circumstances (e.g., Angi may alternate versions of the Directory or change the way the Directory appears, offer limited-time promotions to non–approved Pros, or make other limited changes that may occasionally and temporarily change this for a small percentage of Approved Pros).
- Directory Search – In an effort to continuously improve the quality of the connections between Homeowners and Pros, Angi may change the way search results work in the Angi Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Homeowners, and how Homeowners get to the Angi Directory.
- Payment. Approved Pros will pay for Leads as part of a subscription, per Lead, or as part of a bundle of Leads. You authorize Angi to charge you for any Sales Taxes or similar taxes that may be imposed on your fees owed to Angi. All amounts payable under your Contract are exclusive of any applicable sales, use, value-added, or similar taxes (collectively, "Sales Taxes"). Approved Pros shall be responsible for, and shall pay or reimburse Angi for, all Sales Taxes imposed in connection with the transactions contemplated under this Agreement.
- Subscription. Approved Pros may make an automatically renewing, fixed term commitment (“Subscription”), in which they pre-pay for Leads (“Subscription Fee”) and by doing so earn a discount on their Leads. The length of the term will be set forth in the Approved Pro’s Contract.
- Angi may increase the Subscription Fee up to ten percent (10%) more than the price you paid during the previous term for the Subscription. You may prevent the Agreement from automatically renewing by providing notice to Angi before the beginning of a new renewal term.
- If the Approved Pro terminates their Subscription before the end of the term set forth in the Contract, the Approved Pro may be subject to an Early Termination Fee (“ETF”) which covers the administrative costs of onboarding and early termination. The existence and the terms of any ETF will be disclosed and agreed to in the Approved Pro’s Contract.
- Pay-Per-Lead. An Approved Pro will pay on a per-Lead basis.
- Subscription. Approved Pros may make an automatically renewing, fixed term commitment (“Subscription”), in which they pre-pay for Leads (“Subscription Fee”) and by doing so earn a discount on their Leads. The length of the term will be set forth in the Approved Pro’s Contract.
- Leads. Angi receives requests from Homeowners expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“Service Requests”). These Service Requests from Homeowners may be submitted directly or indirectly to Angi by Homeowners via the Angi App, angi.com, homeadvisor.com, telephone calls, third-party websites or other means. In turn, Angi may send you a communication about a Homeowner’s Service Request that contains information about what service has been requested and the Homeowner’s contact information, may send a Homeowner your contact information for the Homeowner to decide whether to reach out to you, and/or may facilitate a communication between you and the Homeowner (a “Lead”).
- Angi puts your business on a platform which millions of homeowners per month visit to explore home improvement services. Angi connects contractors who meet certain eligibility requirements determined by Angi and join the Angi network (“Approved Pros”) with consumers who have expressed an interest in home improvement services (“Homeowners”). Approved Pros choose the service categories and locations in which they wish to be presented to Homeowners. Angi helps make these connections in a variety of ways, including:
- What You Agree – You agree to all the terms and conditions of this Agreement and represent, on behalf of yourself, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become an Approved Pro, and thereafter while this Agreement remains in effect, as follows:
- Age of Majority – You are at least 18 years old and can form legally binding contracts under applicable law.
- Skill Qualification – You are qualified and capable of performing the services, trade, or tasks you selected during enrollment or subsequent updates to your account, related to services provided,and will provide proof of such upon demand in the form of licenses, certifications, identification documents, or be willing to take and pass skill tests.
- Licensing – For the entire period during which you are an Approved Pro, you will maintain, and keep up to date, any and all national, state, and local licensing applicable to the work you agree to perform for Homeowners. You shall provide evidence of such licensing promptly upon request by Angi, be willing to take skill tests as required by Angi, and will notify Angi promptly of any change in your licensing status.
- Bonding and Insurance – For the entire period you are an Approved Pro, you will be appropriately bonded and insured at levels required by applicable law or applicable industry standard. You shall provide evidence of such bonding and insurance promptly upon request by Angi and notify Angi promptly of any change in your bonding or insurance status.
- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi to provide your home mailing address, social security number, date of birth (“Personal Information”) and any other information you provide to us to a third-party information collection service entity selected by Angi, at any time while your company is in Angi’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi’s evaluating its desire to enter into or continue a contractual business arrangement with you. Angi will share this Personal Information only with third parties designated to carry out any background and identity verification checks, and with Angi’s affiliates.
- DISCLOSURE: Angi hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Disclosure of Criminal Record – You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi you, any predecessor entities of your company, any other majority shareholders, partners or members of your company, should have a felony conviction entered against such party, you will promptly notify Angi. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- No Illegal Acts – You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party and in communicating with any Homeowner. You represent and warrant that you will comply with all applicable Federal, State, Provincial, local and other laws and regulations, including but not limited to the requirements of the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”), the Telephone Consumer Protection Act of 1991, its implementing regulations, amendments, and any interpretive orders (collectively, “TCPA”), the Telemarketing Sales Rule (“TSR”), and/or state calling statutes and regulations (“Do-Not-Call laws”), with respect to engaging with any Homeowners.
- No Impairment – You represent and warrant that neither you, your employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled substances while performing any services for a Homeowner pursuant to this Agreement.
- Trademarks, Content, Licensing, and Display of Profile Information
- You expressly authorize Angi to share your personal information (including without limitation the company’s name, address, licensing status, screening information, Homeowner reviews and rating, names and contact information of individuals affiliated with the company, and details regarding your advertising relationship with Angi) with Angi’s affiliates, including, without limitation, Angie’s List, Instapro, and Handy.
- Even after your advertising relationship with Angi has ended, you grant Angi a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to display and maintain this information on its platforms on various advertising channels, as long as Angi makes clear that that you are no longer part of the Angi network.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our platform or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing.
- You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our platform, for use and posting on our platform and for use in marketing materials to be presented to Homeowners or prospective pros in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing.
- If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use.
- Angi reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi platform or your company profile (“Content”). By posting or providing any Content on the Angi platform, including but not limited to photographs, you represent and warrant to Angi that you own or have all necessary rights to use the Content, and grant to Angi the rights granted below. The foregoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- You hereby grant Angi and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi platform, and on any other platforms owned or operated by Angi. Nothing in this Agreement shall restrict other legal rights Angi may have to the Content, for example under other licenses.
- You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi account is terminated, or if you remove any Content from your Angi account, Angi and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi platform, including but not limited to profiles, screening information, and customer ratings and reviews (excluding any of your logos or trademarked materials, or other intellectual property owned and provided by you), is the sole and exclusive property of Angi. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any customer ratings and reviews (including those relating to you and your business) that were originally published on the Angi platform, or any other content posted on the Angi Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi, including any and all information you include on your profile page, is true and accurate. You acknowledge and agree that Angi has the right, in its sole discretion, to contact Homeowners about services you provide to gain their feedback and rating of you, and to display such customer ratings and reviews on our platform. Angi is not responsible or liable to you for any comments, ratings or communications of any kind from Homeowners that we choose to post on our platform.
- Homeowner Complaints – You agree to cooperate with us if we attempt to facilitate the resolution of any complaints between you and the homeowners with whom you have been connected via Angi; however we are not liable to you or any Homeowner if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a homeowner by Angi in connection with a dispute between you and a Homeowner, or based upon your performance of or failure to perform services for a Homeowner, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys’ fees incurred by Angi in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- No Passing Lead Fees to Homeowner – You agree not to ask a Homeowner to pay for any of your Lead fees.
- No Selling Homeowner Information – YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL AN ANGI LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI AND OTHER PROS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI. THERE ALSO MAY BE STATUTORY AND REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CUSTOMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL LAWS, THE TCPA, TELEMARKETING REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A LEAD (OR THE INFORMATION CONTAINED THEREIN) OR OTHERWISE COMMUNICATE WITH A CUSTOMER OR LEAD OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI, AS SET FORTH IN SECTION VI BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- Use of Subcontractors – You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to Homeowners you learn of via a connection you received from Angi. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of this Agreement.
- Consent for Contact
- By becoming an Approved Pro on Angi, and/or by inquiring about participation in the Angi network or other Angi products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone (e.g. calls, text messages), fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, and even if you have previously opted- out from receiving marketing emails, phone calls, or text messages from Angi, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, your inquiry, or for other purposes reasonably related to our business, including marketing related communications. You agree and acknowledge that Angi and its affiliates may use automated phone technology (including autodialed and/or artificial or prerecorded messages) to provide you with communications concerning your account or use of the Services, Leads and related information, updates concerning new and existing features on the Angi website, communications concerning promotions run by us, and news concerning Angi and industry developments, and that your consent is not required to purchase products or services. You represent that you are the current subscriber and/or owner of any telephone number that you provide to us and/or list in the Angi Directory. You represent that you have received, and are authorized to convey to us, the consent of any other authorized users on your account to be contacted by us as described in this Section. You also represent that any phone number you provide to us and/or list in the Angi Directory is a business phone number used for business purposes and shall not be treated or classified as a residential phone number for purposes of any federal, state, or provincial calling laws or regulations, including but not limited to the National and any state Do Not Call (“DNC”) registry. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by updating the contact information in your account. You agree that all consents provided in this Section will survive cancellation of your account, except if you expressly opt-out by contacting Angi post account cancellation.
- You agree that Angi may send you one-time and recurring text messages with instructions on setting up your account, providing notifications regarding account activity, lead information, and special offers. For questions, Text HELP for more help, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving automated calls and/or text (SMS) messages from Angi (including informational or transactional calls/texts) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving automated calls/texts may impact your use of the Services. When opting out of text messages, you agree to accept a final message confirming your opt-out; this message may also seek clarification as to the scope of your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls and/or texts. Please allow up to ten (10) business days (unless otherwise required by applicable law) to process any opt-out request. Please note that even if you opt out of automated calls and/or texts, we reserve the right to make non-automated calls and/or texts to you. You agree to indemnify us, our agents, affiliates, and independent contractors for any privacy, tort or other claims, including claims under the federal Telephone Consumer Protection Act (“TCPA”) or any state law equivalents, relating to your unauthorized provision of a telephone number and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims. Your indemnity obligations under this Section will survive expiration or termination of this Agreement.
- Angi’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi and Homeowners to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Angi Financing Inquiries – You represent and warrant that to the extent that a Homeowner is interested in any financing options through Angi or its financing partners, you will direct them to Angi, and you will not attempt to apply for any financing on the Homeowner’s behalf through Angi or its financing partners, or make any representations to the Homeowner regarding financing options or the likelihood of a Homeowner being approved for financing through Angi or its financing partners.
- Account Disputes – Any disputes about charges to your account must be submitted to Angi in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Current Contact and Billing Information – You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi profile, and all contact and billing information, are kept up- to-date and accurate. Angi is not responsible, or liable, for undelivered Homeowner notifications. You agree to promptly notify Angi if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
- No Scraping – You agree not to copy/collect Angi content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- AUTOMATIC RENEWAL OF SUBSCRIPTION
- After your initial subscription term, and again after any subsequent subscription term, your subscription will automatically continue for either an additional equivalent term or a different term communicated to you at the time of subscription purchase (each a “Renewal Term”), at the renewal price communicated to you at the time you purchased your initial subscription (“Renewal Price”), unless Angi provides you with notice of a change in your Renewal Price, you have changed elements of your contract that would impact the Renewal Price, or you notified Angi prior to the renewal date that you do not wish to renew. You agree that your account will be subject to this automatic renewal feature.
- If you want to change or terminate your subscription, you may do so by contacting Angi Customer Care at (877) 947-3639, although you may be subject to an Early Termination Fee if set forth in your Contract. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won’t be eligible for any refund of any portion of the subscription fee paid for the then-current subscription term.
- By subscribing, you authorize Angi to charge your provided payment method for your subscription term and for any renewal terms. You also authorize Angi to charge you for any sales taxes or similar taxes that may be imposed on your fees due to Angi. Upon the renewal of your subscription, if Angi does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi services automatically renews in the same manner as set forth above under the section titled “Automatic Renewal”, provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase certain products, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- Annual Fees. This Section IV also applies to the automatic renewal of any annual membership fee, where applicable.
- Confidentiality – You agree that Angi’s pricing, Homeowner information, and other non-public information, (collectively, the “Confidential Information”), shall be held in strict confidence, for the mutual benefit of you and Angi, and that, except as necessary in the sale of the goods or performance of the services, you shall not disclose any Confidential Information without the prior written consent of Angi. You are strictly prohibited from selling, sharing, or transferring any of Angi’s Confidential Information, including, in particular, member or Homeowner lists. Notwithstanding the foregoing, you may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification – You shall fully protect, indemnify and defend Angi and all of its managers, officers, directors, shareholders, parents and subsidiaries, suppliers, partners, employees, agents, affiliates, and each of their successors and assignees (“Indemnified Parties”) and hold each of them harmless from and against any and all third-party claims (whether actual or threatened), demands, lawsuits, proceedings, liens, damages, causes of action, judgments, settlements, awards, penalties, fines, costs, expenses, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, telemarketing, and violation of any state, provincial or federal laws or regulations, property damage, attorneys’ fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any Homeowners, (ii) your advertising, (iii) your use of or communications with Leads and any communications in violation of the TCPA, the TSR, or any equivalent federal, state, or provincial laws, statutes, or regulations, or (iv) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a Homeowner even if Angi has not matched you for such services, and in connection with your use of the Angi Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI OR THE INDEMNIFIED PARTIES.
- Limitation of Liability – IN NO EVENT ARE WE LIABLE TO YOU FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
- Disclaimer of Warranties – YOU UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGI DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Limitations Period for Claims – Any claim which you have or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angi’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement, or if the claim relates to a charge, one hundred twenty (120) days after you are billed for such charge. Any claim not so made shall be deemed waived by you.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- Informal Negotiations – To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Angi may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi’s address for such notices is: Attn: Legal Department, 3815 River Crossing Pkwy, Suite 360, Indianapolis, IN 46240.
- Arbitration – If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the JAMS ADR Rules (the “JAMS Rules”) of JAMS, which are available at the JAMS website (www.jamsadr.com). Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Rules (and, where appropriate, limited by the JAMS Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Subsection (d) below.
- Excluded Disputes – You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION – To the fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
- Severability – You and Angi agree that if any portion of this Section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
- Additional Terms
- No Guarantees; Competition; Your Contracts with Consumers; and Filtering
- No Guarantees – We do not make any guarantees, representations or warranties regarding the source, accuracy, validity, or quality of any Homeowner information provided to you, a Homeowner’s level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided to Angi, that any Homeowners will hire you to perform services, or that you will successfully contact each Homeowner. Nor do we guarantee to provide you any specific number of connections with Homeowners.
- Competition – Although we limit the number of Pros that are presented to a Homeowner, you may be competing against other Angi Approved Pros or non-approved pros, or Angi affiliates and its affiliates’ pros, including Angi Services (our pre priced job platform), for a job. Angi is free to contract with other Pros as this is not an exclusive contract.
- Contracts with Homeowners – We are not involved in, nor do we have any responsibility for your contracts with Homeowners or any payments to you or any disputes they may have with you or you may have with them.
- Request Filtering – Although Angi runs Homeowner request information through proprietary filtering processes to try to filter out potentially faulty requests, Angi cannot and does not review each request individually, and therefore does not guarantee the source, accuracy, validity, or quality of Homeowner information. We may also send your contact information to the Homeowner. The information we provide about you will be based on the information you submit during your onboarding (which you may amend from time to time) and customer ratings and reviews, and may be amended by Angi from time to time.
- Modifications to Agreement or Fees – From time to time, we may update this Agreement or any fees with prior notice to you via email, text, the Angi for Pros app, or other reasonable means. Updated versions of the Agreement will be posted on the Angi website or elsewhere upon notification to you. By continuing to use any Angi services after receiving any such notice, you are agreeing to the updated Agreement.
- Termination of Agreement
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any leads or services delivered to you prior to us receiving your termination during normal business hours. You may be responsible for an Early Termination Fee if set forth in your Contract.
- Angi, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your participation in the Angi network immediately at any time for any reason or no reason at all.
- Upon termination or expiration of this Agreement, all rights and obligations of the parties shall cease, except for those rights and obligations that by their nature or express terms are intended to survive termination or expiration, including but not limited to confidentiality obligations, payment obligations accrued prior to termination, limitation of liability, indemnification, and any provisions expressly stated to survive. These surviving obligations shall remain in full force and effect in accordance with their terms. Additionally, any Homeowner connections provided to you during the term of this Agreement and relationships you enter into or create from those connections will continue to be governed by this Agreement. Upon termination or expiration, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display any Angi content, including any Angi provided badging. Upon any termination of this Agreement, you will no longer have access to your Angi account.
- If it is determined or suspected by Angi in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi services or system or any Homeowner data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi, in addition to our right to immediately terminate this Agreement, Angi reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event an Approved Pro fails to make any payments under this Agreement (including any Early Termination Fee), Approved Pro shall pay any fees Angi incurs in its collection efforts (including any third-party collection and legal fees).
- Enforcement of Agreement – You will be liable for any attorneys’ fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Indiana (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Indianapolis, Indiana are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi platform and/or Services, and you submit to sole and exclusive jurisdiction in the state of Indiana, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- Independent Contractor – You understand and agree that you are an independent contractor on the Angi network, and are not an Angi employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a Homeowner, except as specifically noted herein.
- Angi Intellectual Property – You agree that you shall not use, directly or indirectly, any of Angi’s trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angi. No license or other rights in or to any Angi intellectual property or logo are granted to you under or implied by this Agreement. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi.
- Transfer of Rights and Obligations – Because this is an agreement between you and Angi for Angi to provide advertising to you, you may not assign or otherwise transfer this Agreement or any of your rights and/or obligations relating to this Agreement or without the prior written consent of Angi.
- Severability – If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Storage of Information – Angi and its affiliates may view, store, access and disclose messages exchanged between you and Homeowners transmitted via Angi messaging platforms or Angi’s platform.
- Tracking Numbers – Angi may also use and require the use of masked tracking phone numbers, email addresses, or other methods of contact tracking.
- Privacy Policy – Angi has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://legal.angi.com/#privacy-policy.
- No Guarantees; Competition; Your Contracts with Consumers; and Filtering
