This document was created using a Contractology template available at http://www.freenetlaw.com.
INTRODUCTION TO Monster Contractor Website and Brand
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Monster Contractor and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Monster Contractor’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Monster Contractor’s express written consent.
Access to certain areas of this website is restricted. Monster Contractor reserves the right to restrict access to areas of this website, or indeed this entire website, at Monster Contractor’s discretion.
If Monster Contractor provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Monster Contractor may disable any user ID and password in Monster Contractor’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Monster Contractor a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Monster Contractor the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Monster Contractor or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Monster Contractor reserves the right to edit or remove any material submitted to this website, or stored on Monster Contractor’s servers, or hosted or published upon this website.
Notwithstanding Monster Contractor’s rights under these terms and conditions in relation to user content, Monster Contractor does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Monster Contractor makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Monster Contractor does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Monster Contractor will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Monster Contractor has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Monster Contractor’s liability in respect of any:
death or personal injury caused by Monster Contractor’s negligence;
fraud or fraudulent misrepresentation on the part of Monster Contractor; or
matter which it would be illegal or unlawful for Monster Contractor to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect Monster Contractor’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Monster Contractor.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Monster Contractor and undertake to keep Monster Contractor indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Monster Contractor to a third party in settlement of a claim or dispute on the advice of Monster Contractor’s legal advisers) incurred or suffered by Monster Contractor arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Monster Contractor’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Monster Contractor may take such action as Monster Contractor deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Monster Contractor may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Monster Contractor may transfer, sub-contract or otherwise deal with Monster Contractor’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with any signed contracts or agreements, constitute the entire agreement between you and Monster Contractor in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Sacramento.
Monster Contractor Terms and Conditions
This Website and Monster Contractor’s services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Monster Contractor services or properties such as websites or apps owned and operated by Monster Contractor (including but not limited to Monster Contractor.com, the DesignMine website and app, ProFinder app, HomeSavvy app, Home911 app, etc) and collectively referred to herein as “Monster Contractor,” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.Monster Contractor.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on February 20, 2015.
INTRODUCTION TO Monster Contractor
Upon registration, you may choose your own password or Monster Contractor will assign you a password to access the Monster Contractor services through the Monster Contractor website or apps.
Monster Contractor SERVICES
At Monster Contractor we are committed to making your total Monster Contractor experience a positive one. There are several ways you can find service professionals from Monster Contractor. Profinder, 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.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations 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. Monster Contractor does not endorse or recommend the services of any particular service professional. It is entirely up to you to evaluate a 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 Monster Contractor, nor is Monster Contractor an agent of the service professionals.
No Contracting via the Monster Contractor Website. Monster Contractor 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 Monster Contractor does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by Service Professionals via the Monster Contractor or apps, or which you find on the Monster Contractor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Monster Contractor. 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 Monster Contractor. To contract with a Service Professional, you must work directly with the Service Professional. Monster Contractor 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.
Release from Damages or Claims. Should you have a dispute with any service professional, you must address such dispute with the service professional directly. YOU HEREBY AGREE TO RELEASE Monster Contractor (AND OUR OFFICERS, DIRECTORS, 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 Monster Contractor is for your personal use and not for advertising purposes. You may not use Monster Contractor to recreate or compete with Monster Contractor, to solicit or harass Monster Contractor 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 Monster Contractor for any such damages, and will indemnify Monster Contractor in the event of any third party claims against Monster Contractor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Monster Contractor 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 Monster Contractor in its sole discretion that you are misusing or attempting to misuse or circumvent the Monster Contractor 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, Monster Contractor 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.
INFORMATION YOU PROVIDE TO US
Upon using Monster Contractor, 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 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 and providers via phone, 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, 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 or for other purposes reasonably related to your service request and our business, including marketing related emails. 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 Monster Contractor and its partners and thus agree to be contacted by Monster Contractor and/or its partners. 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 Monster Contractor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Monster Contractor has the right to refuse any current or future use of the Monster Contractor services (or any portion thereof) by you. You are responsible for any use of the Monster Contractor services 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 Monster Contractor AND ITS SERVICE PROFESSIONAL PARTNERS, 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 Monster Contractor AND EACH Monster Contractor SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF Monster Contractor 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.
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 Monster Contractor 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 Monster Contractor Services. 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 Monster Contractor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
You acknowledge and agree that Monster Contractor may monitor and/or record any telephone calls between you and Monster Contractor.
USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on Monster Contractor, including but not limited to:
Ratings & Reviews
Photographs or Images,
Comments, Questions and/or Answers,
Any other content
(known collectively as “Content”) is the sole and exclusive property of Monster Contractor, 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 Monster Contractor 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 Monster Contractor 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 Monster Contractor, you represent and warrant to Monster Contractor that you own or have all necessary rights to use the Content, and grant to Monster Contractor 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. Monster Contractor 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 Monster Contractor owned or operated websites or apps if Monster Contractor 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 Monster Contractor.
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.
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 Monster Contractor 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 Monster Contractor. 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 Monster Contractor or apps or any other Monster Contractor owned, operated, licensed or controlled site. Elements of the Monster Contractor 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 Monster Contractor web Site may be copied or retransmitted unless expressly permitted by Monster Contractor. Monster Contractor 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. Monster Contractor 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 Monster Contractor WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Monster Contractor 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.
SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS
Unless otherwise noted on the screening tab of a service professional’s profile page, Monster Contractor.com uses the following criteria as part of its registration enrollment process (“registration”) for new service professionals, 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:
Licensing – Monster Contractor confirms at the time of a service professional’s registration, that a prospective new SP member has all applicable required state-level trade licensing. 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, Monster Contractor 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 service professional is in good standing in the state in which it is located.
Criminal Records Search – Monster Contractor uses 3rd 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 activity associated with the owner/principal of the business, within the three years prior to such service professional’s registration with Monster Contractor.
Sex Offender Search – In the state in which the owner/principal of the company is located, we check the state’s official Sex Offender web site, 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 website for any individual that will be performing work in your home.
Identity Verification (Social Security Number) – Monster Contractor verifies the social security number(s) of the service professional’s owner/principal for identity check purposes. This check applies primarily to smaller business entities.
Legal Search for Civil Judgments – We use 3rd party data sources that record legal information to check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers and for bankruptcy filings by or against the principal / owner, in the state in which the owner/principal of the company is located, both within the twelve months prior to such service professional’s registration with Monster Contractor.
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 THEREFORE A SERVICE PROFESSIONAL’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. 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, Monster Contractor does not screen the Corporate Accounts or Corporate SP’s.
Service Professionals Profiles: Monster Contractor allows Service Professionals to post profiles about themselves and their business on the Monster Contractor or apps. Monster Contractor 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. Monster Contractor 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 Monster Contractor. Monster Contractor 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 Monster Contractor network. Monster Contractor 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 Monster Contractor 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.
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 Monster Contractor. Monster Contractor disclaims any and all representations or warranties with regard to the Ratings and Reviews. Monster Contractor 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
Monster Contractor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Monster Contractor or apps, and via mobile applications owned and operated by Monster Contractor. 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 Monster Contractor or apps will let you leave Monster Contractor’s Web site. The linked sites are not under the control of Monster Contractor and Monster Contractor 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. Monster Contractor is not responsible for webcasting or any other form of transmission received from any linked site. Monster Contractor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Monster Contractor of the site.
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER 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.
You acknowledge and agree that the Monster Contractor services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Monster Contractor’s sole obligation to you or any third party for any claim arising out of your use of the Monster Contractor services or the Monster Contractor or apps, is that you are free to discontinue your use of the Monster Contractor services or the Monster Contractor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Monster Contractor 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 Monster Contractor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Monster Contractor 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 Monster Contractor’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 Monster Contractor 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 Monster Contractor 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 Monster Contractor 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.
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