These Terms also include all other terms and conditions, rules and policies posted on the Service, including our Terms & Conditions for Contractors which are hereby incorporated by reference. If you use the Service on behalf or for the benefit of an organization, “you” and “user” also include that organization. We refer to this website as “we”, “us” or "site" . Our processing of personal data in connection with your access to and use of the Service is described in our Privacy Notice.
If you do not agree with our terms and policies, kindly refrain from using our site and its services.
Homeowners must provide the necessary data on the Service, including their location, type of repairs or renovations services wanted, and contact details, when requesting modifications. Once a homeowner files their request, a contractor could get in touch to offer the needed services.
Contractors and homeowners negotiate their own agreements for home renovation projects. We do not guarantee the provision of any services by Contractors including with regard to the pricing, execution, timeliness or quality of Contractors' services, the materials used or the work product. Contractors and homeowners are separately in charge of corresponding with one another, deciding on the terms of the services to be rendered and settling any conflicts resulting from their connection. Homeowners are aware and in agreement that using the Service does not ensure that any Contractor will contact them or consent to provide them services.
We and Contractors operate separately from one another; at no time shall Contractors hold themselves out as being a worker, officer, agent, representative, or partner of ours or any of our affiliates, employees, officers, agents, or suppliers or represent to any third party that you have the authority to enter into any binding obligation on behalf of us or our partners. Neither party will have the authority to bind the other to any contract or performance of any other duty.
Homeowners have to give us accurate and current information regarding the services Contractors either do or do not offer. For instance, kindly let us know whether contractors suggest you lie to us by submitting erroneous information on repairs or renovation projects that they have not offered.
Homeimprovementxpertz control, operate and own the services provided on our website.
Data, text, graphics, information, photographs, visual interfaces, designs, trademarks, logos, video, sounds, music, newsletters, emails, services and other various materials and their compilation, selection and arrangement collectively known as "Content." We own or license all Content as between you and us; we understand that you or your licensors control your user-generated content (as mentioned and defined below). We do not own personal data. Appropriate trademarks, copyright and proprietary rights and laws guard content. You have to undertake to follow any further copyright notices or restrictions included in any Content and not remove any proprietary, copyright or other relevant notices from any Content.
Any effort at this is seen as a breach of Homeimprovementxpertz's rights and these terms. Should you breach any of these limitations, your use of the Service will be investigated and discontinued; you can be liable for damages and legal proceedings.
In connection with the Service, you could submit, post, publish, or otherwise provide to us comments and feedback (collectively, "User Content"). Should you provide personal information over the Service, you are advised that other users may be able to access it.
In any format and on any current or future platform, without any further consent, notice and/or payment to you or others, you now provide an irrevocable, unrestricted not exclusive, sub-licensable, convertible, free of charge, ongoing, worldwide license to access, utilize, replicate, alter, share, distribute, develop, prepare finished products of, store, cache and otherwise fully exploit (collectively, "Use").
By contributing any User Content, you so indicate and warrant that:
We have no duty to publish or otherwise use your user content; so, we may delete it from the previously provided Service for any reason, including terms violation.
You are not allowed to use the Service in any manner not specifically authorised by these Conditions, which includes but is not limited to doing, trying to do, or helping anyone in doing, any of which could be considered as illegal:
Homeimprovementxpertz may, but is not bound to, or control any Content.
We offer the Services and the content "as is," "as available," and devoid of guarantee or condition of any sort.
Except as required by this agreement, we disclaim any and all warranties and representations regarding the Service, its features and content, to the fullest extent permitted by law, including without restriction, ensures of quality, suitability for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.
We cannot promise that the service will be flawless or that any flaws will be fixed.
For services provided, accepted, or promised, we neither offer Homeowners or Contractors any guarantees or promises. We will not take part in any conflicts between homeowners and the contractors; you therefore release us from any duty or liability connected with any conflict you may have with another party you deal with in regard to the Service
Homeimprovementxpertz is not liable if any of the content is false or lacking.
The correctness of your activities inside the Service and following relevant laws, rules, and agreements depend only on you for compliance. In the case of damage, criminal activity, or other improper conduct against Residents and their property during the performance of services, contractors, employees, and consultants bear whole responsibility.
If any element of the guarantee disclaimers or limitations of liability is found to be invalid or unconstitutional for any reason, or if we are otherwise found to be liable to you in any way, our aggregate liability for all claims under such circumstances for liabilities is limited to the total amount of payments made by you to Homeimprovementxpertz within one year prior to the claim.
Homeimprovementxpertz Parties agree to defend, indemnify, and hold harmless any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: (i) any breach of these Terms by you; (ii) your use or misuse of the Service and/or Content; (iii) a violation of applicable law, intellectual property or other rights of third parties, or any agreement or terms with a third party to which you are subject; or (iv) complaints and claims from Contractors or Residents regarding services provided or not rendered, wrongful acts of their employees and contractors, or other parties, or intentional and unintentional actions that caused harm.
We retain the right to manage our legal defense in any way we think fit, even if you are paying us back. As a result, you consent to work with us while we implement our legal plan.
Both you and Homeimprovementxpertz acknowledge that these Terms have an impact on interstate commerce and that the Federal Arbitration Act controls how these arbitration clauses are interpreted and applied.
By agreeing to these terms and conditions, you as a user agree to solve all the disputes with Homeimprovementxpertz as mentioned below:
Initial Resolution of Disputes: The majority of disputes may be settled out of court. The support department of Homeimprovementxpertz can be contacted at (Email). Good faith negotiations will be necessary for either party to initiate a lawsuit or arbitration. The parties agree to use their best efforts to resolve any dispute, claim, question, or dissatisfaction directly through consultation with the Homeimprovementxpertz support division, with the exception of intellectual property and small claims court claims.
Binding Arbitration: Subject to the conditions outlined below, either party may use binding arbitration as the only method of resolving claims if the parties are unable to come to an agreement within thirty (30) days of the informal dispute resolution process being started under the previously mentioned Initial Dispute Resolution provision.
Waiver of Class Action: The parties also specifically waive their ability to file a class action or seek relief on a class basis, and agree that the arbitration will be handled only in their individual capacities rather than as a class action or other representative action. You and Homeimprovementxpertz agree that neither of you may file a claim against the other in any claimed group but only in your or our individual capacities. The arbitration provisions above will be deemed null and void in their entirety, and the parties will be deemed to have not agreed to resolve disputes, if any court finds that the class action waiver outlined in this paragraph is void or unenforceable for any reason.
Exception: Intellectual Property and Small Claims Litigation Court Claims to protect your or our intellectual property rights, either party may file enforcement actions, validity decisions, or relating to theft, piracy, or unauthorized use of intellectual property in state or in the U.S. Patent and Trademark Office, "intellectual property rights" meaning copyrights, trademarks, and trade secrets, but not privacy rights. This is true even if the parties have agreed to arbitrate all disputes.
30-Day Right to Opt Out: By sending written notice of your decision to opt out to (Email) with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT," from the email address you use on Homeimprovementxpertz, you have the option to do so and avoid being bound by the arbitration and class action waiver provisions outlined above. You will be required to resolve disputes in line with the terms of those paragraphs if the notification is not sent within 30 days of the later of the effective date of these Terms or your first use of the Service.
Changes to This Section: Any changes to the content of this Arbitration and Class Action Waiver section will be communicated by Homeimprovementxpertz to you via message, posting on the Service, or other means within 30 days of you being logged into your account. Changes will take effect 30 days after they are notified to you or posted on the Service.
Otherwise, only claims emerging after the 30th day will be prospectively affected by changes to this provision. This subsection on "Changes to This Section" will be removed from the "Arbitration and Class Action Waiver" section if a court or arbitrator determines that it is invalid. In that case, the court will apply the first Arbitration and Class Action Waiver section that was in place after you started using the Platform.
We communicate with our users via email. By using the Service and giving us your contact details, you acknowledge and consent to receiving electronic messages from us by email about (i) how you use the Service and (ii) changes to the Service and these Terms. By following the directions included in these emails, you can stop receiving our promotional mailings.
Since certain of the Service's features rely on outside services over which we have no control, we are unable to ensure that every feature will continue to function. Certain parts of the service are compatible with websites and services operated by third parties. We cannot promise that every feature will always be accessible and unbroken.
You understand that using such third-party websites, services, and material may be subject to various terms of service and privacy policies. Any losses, damages, or other liabilities resulting from your use of those third-party websites and services are not HomeImprovementxpertz's responsibility.
Your rights and our duties under these Terms will remain unaffected even if we assign our rights and obligations to a third party.
By posting an updated version of these Terms on the Service, we retain the right, at our sole discretion, to change them at any time. We will try to inform you by email or take other necessary action before the changes take effect if there are significant changes that will impact how you use the Service. You consent to the modified version of these Terms if we have taken these actions and you keep using the Service after the revised version goes into effect.
The remaining elements of these Terms shall remain completely valid and enforceable in the event that any of them are found to be illegal, void, or unenforceable.
If you have any questions, query or comments regarding these Terms and conditions or the Service, please contact us using the following contact details:
Email: info@homeimprovementxpertz.com
Phone: 1-855-568-4063
Address: 2055, Limestone rd, Ste 200C Wilmington, DE 19808, USA