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