THESE ARE THE TERMS AND CONDITIONS (hereinafter referred to as the "Agreement") APPLICABLE TO ANY LEAD REFERRAL SERVICES TO BE PROVIDED TO YOU ("Subscriber", "you" or "your") BY THE OWNER OF THIS WEBSITE AND RELATED REFERRAL SERVICE (collectively, "The Referral Service", "us", "we" and/or "our"). FOR PURPOSES OF THIS AGREEMENT, THE SERVICES INCLUDE SELECT PRODUCT FEATURES. IF SUBSCRIBER ORDERS THE SERVICES ONLINE, SUBSCRIBER SHALL BE DEEMED LEGALLY BOUND BY THESE TERMS AND CONDITIONS UPON SUBMITTING A REQUEST FOR SERVICES. IF SUBSCRIBER SUBMITS THE REQUEST FOR SERVICES BY TELEPHONE AND DOES NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, SUBSCRIBER MAY NOTIFY THE REFERRAL SERVICE, WITHIN THREE (3) DAYS FROM THE DATE THE REFERRAL SERVICE SENDS A WELCOME E-MAIL TO THE LAST KNOWN SUBSCRIBER E-MAIL ADDRESS THAT SUBSCRIBER DESIRES TO CANCEL THE SERVICES, AND THE SERVICES WILL BE CANCELED, A REFUND OF ANY FUNDS ALREADY PAID WILL BE ISSUED, AND THERE WILL BE NO FURTHER OBLIGATIONS BY EITHER PARTY. FAILURE TO NOTIFY THE REFERRAL SERVICE OF CANCELLATION WITHIN THE APPLICABLE TIME PERIODS SHALL BE DEEMED TO INDICATE THAT SUBSCRIBER HAS READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREES TO BE BOUND BY THEM. SUBSCRIBER MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM US, OR OUR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT.
1. Provision of Services. Subject to Subscriber's compliance with this Agreement, The Referral Service will provide you with the following services (the "Services"): The Referral Service will match Subscriber with service providers ("Service Providers") as The Referral Service deems appropriate based upon information included in Subscriber's request. By submitting a request for the Services, you confirm that you are 18 years of age or older, that you have accurately completed any Subscriber information or requests you submit to us and that you will continue to provide us with complete and accurate information necessary for us to provide the Services.
2. General Disclaimer. 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 should 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; or (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 Provider has insurance coverage at the time you enter into an agreement with the Service Provider 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.
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 the Services 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 Provider.
6. Limitation of Liability. THE REFERRAL SERVICE'S LIABILITY HEREUNDER SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY SUBSCRIBER TO THE REFERRAL SERVICE DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE OR THE TOTAL COST OF SERVICES. THE REFERRAL SERVICE SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THE REFERRAL SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, THE REFERRAL SERVICE WOULD NOT ENTER INTO THIS AGREEMENT. You agree to refrain from holding 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. To the extent applicable, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
7. Termination. You may unsubscribe from the Services at any time by emailing us at [email protected]. Notifying The Referral Service in any other way of your desire to terminate the Services may result in delays in processing your request. The Referral Service reserves the right to immediately suspend or terminate the Services or your access thereto in its sole discretion. Upon any such termination of the Services, you will remain obligated to pay any and all outstanding fees and charges relating to your use of any the fee-based services before termination. Sections 2, 5, 6, 9, 10, 12, 13 and 14 will remain in effect notwithstanding the termination of the Services or this Agreement.
8. Prohibited Transactions. Subscriber warrants that Subscriber is not, nor is Subscriber acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control ("OFAC"). In addition, Subscriber is not, nor is Subscriber acting on behalf of any person or entity that is, a Specially Designated National ("SDN"), as OFAC may so designate from time to time. In addition to all other rights and remedies available to The Referral Service under this Agreement, and at law and in equity, Subscriber's breach of this section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Subscriber under this Agreement.
9. Governing Law. This Agreement shall be governed by the laws of the State of Florida, without giving effect to principles of conflict of laws contained herein. Subscriber agrees that any judicial proceeding for the breach of or enforcement at law or equity of this Agreement or any provision hereof shall be instituted only in a federal or state court of competent jurisdiction in the city of Jacksonville and the State of Florida, and Subscriber consents to the jurisdiction of such court, and waives the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or to seek a change of venue. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part except in a writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
10. Force and Effect. Any failure by The Referral Service to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Subscriber, The Referral Service, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.
11. Entire Agreement. This Agreement constitutes the entire agreement of the parties relative to its subject matter. Subscriber may not waive, modify or supplement, this Agreement in whole or in part, except for written permission or amendment by The Referral Service. The Referral Service reserves the right to unilaterally modify and revise the Agreement from time to time. Such modifications or revisions shall be provided to Subscriber via the Notice provisions set forth in Section 12 herein, and Subscriber shall be deemed to have accepted, and to be apprised of and bound by, any such modifications or revisions to the Agreement.
12. Notice. Notice to Subscriber shall be deemed effective when a) sent via e-mail to the last known Subscriber contact e-mail address, or to the last known Subscriber fax number, or when deposited in first-class U.S. mail with sufficient postage attached addressed to the last known Subscriber mailing address or b) posted at on this website as updated from time to time. Notices required to be given by Subscriber may be given by sending an email to the following address: [email protected].
13. Agencies and Partnership. This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and The Referral Service. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.
14. Assignment; Successors. Subscriber may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of The Referral Service. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Referral Service may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without consent of the Subscriber. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.