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homeguide.com | Liaison disclaims any liability for such Taxes, and you agree to indemnify, defend, and hold Liaison harmless against any such Taxes and associated costs. It's important to note that we are not considered a marketplace facilitator or provider under any relevant tax laws, and you agree not to treat us as such in any tax filings or assessments. |
homeguide.com | Liaison operates as a platform connecting users like you with our Partners who offer various products and services. Through the Liaison Platform, you can schedule Appointments for Partner Services or place Orders for Products directly. It's important to note that Liaison doesn't own or operate any Partner establishments, provide Partner Services, or fulfill Orders for Products. |
homeguide.com | Unless otherwise specified in the offer terms, the Partner reserves the right to withdraw or modify any offer at any time, except in cases where you have already placed an order for an Appointment/Order based on the offer and we have sent a confirmation notice. |
homeguide.com | The Terms of Service, along with any referenced documents, constitute the entire agreement between you and Liaison, governing your use of the Liaison Services, and supersede any prior versions of these Terms of Service. |
homeguide.com | All Products in an Order are subject to taxes, with the highest applicable Product tax applied for shipping, if relevant. If Products within an Order have different tax rates, the highest tax rate will apply to all Products in that Order. |
homeguide.com | A tracking phone number may be allocated by Liaison to your Liaison Advertising to monitor your analytics. |
homeguide.com | The Liaison Platform allows you to browse and select the Partner Services you wish to receive and proceed to make an Appointment/Order for those services. Before confirming your Appointment/Order, you have the opportunity to review and correct any errors. We ensure that any relevant Partner Terms of Sale, including Deposit Policy, Cancellation Policy, or No Show Policy, are disclosed to you before you confirm your Appointment/Order. It's important to carefully review all details of your Appointment/Order and any applicable Partner Terms of Sale before confirming. |
homeguide.com | Liaison reserves the right to impose restrictions on specific features and services, or limit your access to certain parts or the entirety of the Liaison Services without prior notice or liability. However, any modifications made will not affect any Bookings/Orders already placed. |
homeguide.com | Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. |
homeguide.com | Though measures are taken to safeguard all payment methods and personal financial details, we explicitly renounce any responsibility to you, and you consent to absolve us from any harm you might experience due to the unintended leakage of your personal financial information. |
homeguide.com | The term 'Tax' and 'Taxes' refer to all current and future taxes, charges, fees, levies, or other assessments, including, but not limited to, income, telecommunications, value-added, goods and services taxes, stamp taxes or duties, and various other forms including excise, property, sales, withholding, and payroll taxes, imposed by any tax authority, domestic or foreign. This includes any penalties, interest, or additions related to these taxes. |
homeguide.com | Neither party will, during the Term and thereafter, disclose, utilize, or furnish the other's confidential information and/or property to a third party, except as specifically outlined in this Agreement or as required for the Parties to fulfill their duties or assert or uphold their rights under this Agreement. Additionally, the Subscriber will never gain any rights, title, or ownership over any portion of the Products and Services. |
homeguide.com | By signing up to receive text messages, you agree that Liaison or its agents and affiliates may use any automated or non-automated technology to send you informational and/or promotional text messages. The types of text messages you will receive depend on the SMS campaign(s) you opted into. You understand that you are not required to receive text messages as a condition of purchasing property, goods, or services from Liaison. |
homeguide.com | We aim to provide tools that enable Users to sort out these disputes on their own. However, if a rare situation arises where a conflict related to the Platform cannot be settled independently, you commit to joining a neutral resolution or mediation at Liaison's request. This participation should be in good faith, and as much as you can reasonably do so, in a process led by Liaison or a neutral third-party mediator or arbitrator chosen by Liaison. Despite this, you acknowledge and accept that Liaison has no mandatory obligation to get involved in or dictate the resolution in any disagreements between or among Users or any third party. |
homeguide.com | If you choose to purchase a Partner Voucher, you will be subject to any Partner Terms of Sale provided to you at the time of purchase. The provision and redemption of Partner Vouchers are governed by the Partner Contract, including any specific terms outlined in the Partner Terms of Sale. It's important to note that Liaison is not a party to the Partner Contract between you and the Partner, and therefore, we are not responsible for Partner Vouchers. |
homeguide.com | Should the full payment not be processed simultaneously by us, partial debits from your bank account are hereby authorized by you, provided that they do not surpass the complete amount of your order. You consent to bear any ACH fees or penalties that either you or we may accrue in connection with the transactions you have approved. Based on your state of residence, these return fees will differ and may be added to your payment amount and deducted from your bank account if an ACH debit is resubmitted due to inadequate funds. We retain the right to initiate either a collection process or legal proceedings to recover any outstanding sums. You agree to cover all associated costs, including reasonable attorneys' fees. Any fraudulent, erroneous, or unauthorized transactions from your bank account are subject to federal law limitations on your liability. This is based on the promptness with which you report them to your financial institution, a deadline of no more than 60 days after the transaction in question appears on your bank account statement. Consult your bank to understand the procedures and regulations that govern unauthorized transactions and the limitations on your responsibilities. |
homeguide.com | Read the Partner Contract: Partners may have specific terms regarding deposits, cancellations, refunds, taxes, or other matters. Look for links to these terms on the Partner Profile and read them carefully. |
homeguide.com | When you supply Liaison with your payment method information, you are giving consent to Liaison to keep this information as your 'Stored Payment Method.' The complete and full terms of the 'Liaison Agreements,' which include Liaison's Terms of Use and Privacy Policy, are applicable to these Terms and Conditions. The Liaison Agreements, or any other agreement you have made with Liaison, will dictate how your Stored Payment Method is used, stored, and disclosed. Any terms that are not defined in this context will have the meanings that are ascribed to them in the Liaison Agreements. |
homeguide.com | Exclusively, Liaison owns the Technology and any enhancements to it, regardless of whether they are developed under this Agreement ('Liaison Proprietary Data'). The Subscriber will neither acquire an ownership stake due to this Agreement nor attempt to obtain any Liaison Proprietary Data. On the other hand, Subscriber Data remains the sole property of the Subscriber. It is clearly understood that the Subscriber will never possess any rights, title, viewing privileges, or ownership of any aspect of Machine Learning Advertising and/or SAM. |
homeguide.com | 'User Content' constitutes all Content that is submitted, posted, uploaded, published, or transmitted by any User or other user of the Platform, such as photos, profile details, descriptions, postings, reviews, requests, messages, and payments, excluding Liaison Content and Feedback. |
homeguide.com | The Subscriber must ensure that their data (Subscriber Data) complies with all applicable laws, regulations, and does not infringe upon third-party intellectual property rights. The Subscriber is obligated to take reasonable measures to promptly identify and remove any Subscriber Data that violates these requirements. The Subscriber guarantees that their Data will not contain any Sensitive Personal Information and that all their activities regarding the collection, transfer, and use of any Personal Data processed through the Products and Services will adhere to relevant privacy laws, regulations, and self-regulatory guidelines. This compliance includes obtaining all necessary consents and making proper disclosures through the Subscriber's privacy policy to process any Personal Data with the Products and Services. |
homeguide.com | You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services. |
homeguide.com | It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means. |
homeguide.com | As a consumer, you have legal rights concerning services that are not performed with reasonable care and skill or are not as described. These rights are protected by consumer protection laws. If you have concerns about the services you receive from a Partner, you may seek advice from your local Citizens' Advice Bureau or trading standards office. These legal rights are in addition to any rights or protections provided by these Terms of Service and will not be affected by them. |
homeguide.com | Regardless of Liaison's position as a payment facilitator, every Service Professional who gets paid through Marketplace Payments must acknowledge and agree to perform the Pro Service according to their agreement with the Consumer. They must also address any substantial deviations from the contract. |
homeguide.com | Some sites offer the option to enroll in a monthly or yearly subscription for certain services. |
homeguide.com | Our Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal process properly served on us. If you seek the identity or account information of a user of our sites and services in connection with a civil legal matter, you must serve us with a valid subpoena. |
homeguide.com | Liaison may extend various offers to you, referred to as 'Promotions,' which can include discounts, free usage of the Platform for a certain time, credits towards payments for Pro Services, referral incentives, and more. These Promotions are provided at Liaison's sole discretion and can be withdrawn at any time for any reason. If Liaison determines that you have attempted to manipulate, commit fraud, or otherwise violate the terms of a Promotion, your offer may be revoked. This includes actions such as providing false information or using multiple User accounts. |
homeguide.com | Subscription Fees are typically charged on the first of every month until the subscription is canceled, which you can do at any time via your Liaison Account settings. If you cancel, you'll retain access to the Subscription Service until the end of the current billing period, but you won't receive a refund for any charges already incurred. We may modify our Subscription Fee with thirty days' advance notice. Your continued use of the Subscription Services following such notice will indicate your acceptance of the new fee structure. |
homeguide.com | Partners have the option to issue Partner Vouchers that can be redeemed for Partner Services, or they may offer you the opportunity to purchase Partner Vouchers for later use. The availability and terms of these Partner Vouchers are determined by the Partner. |
homeguide.com | Should unauthorized use of your account occur as a result of your failure to adhere to these Terms, you will be held responsible for any subsequent losses incurred by Liaison or others. Your account cannot be transferred to another party without obtaining written consent from Liaison and in strict compliance with the policies and procedures of Liaison. |
homeguide.com | As used in these TOU, references to our 'Affiliates' include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents. |
homeguide.com | Generally, Paid Service Fees can be settled via debit or credit card, or deducted from your transaction proceeds. Note, however, that payments for hardware-related services can only be made through debit or credit card. By linking a debit or credit card to your account, you authorize us to collect any Paid Service Fees by charging your card or deducting them from your account. We also reserve the right to collect Paid Service Fees by drawing from your transaction proceeds, your account balance, or a linked bank account. |
homeguide.com | The Partner is responsible for any indirect taxes, such as sales tax, VAT, GST, or service tax, on the total value of an Appointment/Order, including any adjustments for additional goods or services sold or discounts applied. Apart from VAT or other applicable sales taxes included in the price shown on the Liaison Platform, Liaison does not charge taxes on Orders, as the Partner Services are provided by the Partner. If you order through the Liaison Platform, we will provide a tax invoice. If you order directly from a Partner, the Partner will provide a tax invoice upon request. |
homeguide.com | Additionally, since Partner Services are sold by our Partners and not directly by Liaison, Partners may impose additional restrictions on who can purchase and book their services. These restrictions may include: |
homeguide.com | On the Liaison platform, payments between Consumers and Service Professionals, known as 'Marketplace Payments,' may be carried out through Liaison's payment processing partner. However, Liaison is not involved as a party in these Marketplace Payments or any related Pro Services. Marketplace Payments are generally restricted to services only, with payments for tangible personal property being prohibited unless stated otherwise. |
homeguide.com | You understand that some of these calls or messages, including ringless voicemails, may originate from automated systems or artificial intelligence (AI). While we strive for accuracy, information provided by AI may sometimes be inaccurate. By accepting these terms, you agree not to hold us, our affiliates, or our partners liable for any inaccuracies or misrepresentations made by such automated systems or AI. Furthermore, you acknowledge that these companies may use automated phone technology, including robotic agents and ringless voicemail systems, to communicate with you. Please note that your consent is not a prerequisite for purchasing products or services. |
homeguide.com | If there are changes to our subscription fees, we'll notify you 30 days in advance. You have the option to cancel your subscription at any time. |
homeguide.com | We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. |
homeguide.com | It's important to understand that we are not liable to you for the provision or non-provision of Partner Services and/or Products. The Partner with whom you have a contract is responsible for fulfilling all Partner Services and delivering Products under your agreement with them. |
homeguide.com | Exception: Claims Concerning Intellectual Property and Small Claims Court Cases: Despite the mutual agreement of the parties to settle all disputes via arbitration, either party has the right to bring enforcement actions, validity assessments, or claims stemming from theft, piracy, or unauthorized exploitation of intellectual property in state or federal court, or in the U.S. Patent and Trademark Office to safeguard their or our intellectual property rights ('intellectual property rights'' here refer to patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). For disputes or claims within the scope of its jurisdiction, either party may also pursue remedies in a small claims court. |
homeguide.com | To the maximum extent permitted by law and except for the express warranties in this section, Liaison, Inc. provides our services on an 'as-is' basis. Liaison, Inc. disclaims and makes no other representation or warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, title, non-infringement, accuracy, absence of omissions, completeness, currentness, delays, or fitness for a particular purpose. Neither Liaison, Inc. nor its affiliates or agents warrant that the results obtained from the use of the Subscriptions will meet your requirements, be uninterrupted, timely, secure, or error-free. |
homeguide.com | Frequency of Text Messages: We may send you an initial message confirming that we have received your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services and whether you take steps to generate additional text messages from us (such as replying HELP to one of our text messages). |
homeguide.com | When you use our sites and services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. |
homeguide.com | If you use the Liaison Payment Services, Liaison will charge you on behalf of the Partner for the total amount of your Appointment/Order, including taxes and additional fees. Your payment to Liaison discharges your debt to the Partner for the relevant Appointment/Order. Currency conversion costs or other charges incurred are borne by you in addition to the payment made to Liaison. |
homeguide.com | When capitalized words or phrases are used in these Terms of Service, they carry specific meanings: |
homeguide.com | Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right. |
homeguide.com | Liaison, Inc and its affiliates (collectively, 'Liaison,' 'our,' 'us,' or 'we') operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “platform,” 'sites,' 'services,' or 'our sites and services.' |
homeguide.com | When you purchase products from our Partners through the Liaison Platform, you are buying directly from the Partner, not from Liaison. Our Partners are responsible for all aspects of the sale, including marketing, advertising, delivery, and any post-sale support. |
homeguide.com | We, our affiliates, or our service providers call and send text messages to: (1) provide you with information you requested from Liaison; (2) inform you of improvements, features, or Liaison services that may be of interest to you; (3) facilitate the matching of Consumers with Service Professionals, (4) respond to your inquiries regarding your account or use of Liaison, (5) send you offers promoting any products or services, and (6) contact you about any of Liaison's or our affiliates other products and services. |
homeguide.com | Section Headings: The headings in these TOU are for convenience and do not have legal or contractual significance. |
homeguide.com | Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. |
homeguide.com | We reserve the right to disclose any personal information about you or your use of our sites and services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites and services or information provided to or gathered by us with respect to such use. |
homeguide.com | In addition to the terms and conditions of these TOU, any sweepstakes, contests, raffles or similar promotions (collectively, 'Promotions') made available through our sites and services may be governed by specific rules. By participating in any such Promotion, you will become subject to those rules. To the extent that the terms and conditions of such rules conflict with these TOU, the terms and conditions of such rules will control. |
homeguide.com | These TOU and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these TOU. |
homeguide.com | 'Content' encompasses a variety of materials like text, images, graphics, audio, software, video, information, and more. This includes everything from profile information and service requests to quotes, message threads, reviews, scheduling details, calendar information, and any other data accessible on or through the Platform. |
homeguide.com | Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance. |
homeguide.com | At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to us as described in our liquidated damages policy, which can be found here. |
homeguide.com | The Subscriber is responsible for (i) defending, at their own cost, and (ii) paying any damages awarded by a competent court (or agreed upon in a written settlement) related to third-party Claims that allege a breach by the Subscriber of applicable data protection laws and regulations. This responsibility includes failure to adhere to the Subscriber's own data privacy policy and the terms of the Agreement. |
homeguide.com | Right to Opt Out Within 30 Days: The right to opt out and not be subject to the arbitration and class action waiver stipulations mentioned above is yours. By sending a written notice of your decision to opt out (from the email address associated with your Liaison account) with the subject line 'ARBITRATION AND CLASS ACTION WAIVER OPT-OUT,' you can exercise this right. The notice has to be dispatched within thirty (30) days of either the Effective Date of these Terms or your initial use of the Platform; failing to do so means you will be obliged to settle disputes following the conditions of those paragraphs. If you choose to opt out of these arbitration terms, Liaison will also not be bound by them. |
homeguide.com | Taxes might be exclusive of the required payments by these Terms. Some jurisdictions might require us to collect Taxes in connection with the Pro Services, which you will bear. Liaison can determine your tax jurisdiction as needed, and you will pay taxes to Liaison if they are included in an invoice. You also understand that you are responsible for your tax obligations and must consult your own tax advisers, as we don't provide specific tax advice to either Service Professionals or Consumers. |
homeguide.com | All aspects of the relationship between you and Liaison, as well as the Terms, will be governed by the laws of Texas, without considering its conflict of law principles. Any claims or disputes against Liaison that are not destined for arbitration must be addressed in a court situated in Travis County, Texas, or a United States District Court in the Western District of Texas, based in Austin, Texas, unless the parties agree otherwise. You consent to the personal jurisdiction of these courts in Travis County or the Western District of Texas for the purpose of litigating any such claims or disputes not going to arbitration. You willingly renounce any jurisdictional and venue defenses that might otherwise be available to you. |
homeguide.com | Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. |
homeguide.com | These TOU (along with any documents linked to in these TOU) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect. |
homeguide.com | Partners may require a deposit, known as Partner Credits, to confirm your Appointment. This deposit can be up to 100% of the Appointment's value and is governed by the Partner Contract, including any Deposit Policy. Before completing the Appointment, we recommend reviewing the Partner Contract to understand any deposit requirements. Please note that deposits may be non-refundable, and Liaison is not liable for any deposits made to a Partner. |
homeguide.com | (c) Submit Site Content that includes inappropriate content on the basis of race, gender, national origin, ethnicity, religion, sexual orientation, gender identity, age, disability, or any other intrinsic or protected characteristic; |
homeguide.com | You understand and agree that Networx™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any service offered by any Third Party Contractor. |
homeguide.com | (o) Interfere with or disrupt any of the Networx™ Offerings and/or the servers or networks connected to same; |
homeguide.com | (c) You are the sole author and owner of any intellectual property contained in any protected Site Content you submit; |
homeguide.com | (f) You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted Site Content; |
homeguide.com | (r) Post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; |
homeguide.com | (t) Use metatags or code or other devices containing any reference to the Networx™ Offerings in order to direct any person to any other website for any purpose; and/or |
homeguide.com | (h) Engage in unauthorized advertising or marketing to, or commercial solicitation of, Site Users; |
homeguide.com | Any submission of Site Content will be deemed and remain the property of Networx™. Networx™ is free to use in any manner all or part of any such Site Content or other materials in perpetuity, on an unrestricted basis, without the obligation to notify, identify or compensate you or anyone else. By submitting User Content, you hereby grant Networx™ the royalty free, perpetual, irrevocable right, including a waiver of all copyright, trademark, privacy and moral rights, to use, reproduce, modify, publish, distribute, translate, create derivative works from and display all Site Content and/or materials, in whole or in part, without any duty by Networx™ to anyone whatsoever. You also acknowledge that Networx™ does not accept unsolicited ideas, works, or other materials and that you are responsible for, and bear all risk arising out of the use or distribution of any such ideas, works, or materials. You also agree that you will indemnify, defend, and hold harmless Networx™ and its officers, directors, employees and agents from any third-party claim(s) and any damages, losses or injuries resulting from the display of your Site Content; |
homeguide.com | Site Content Submission Guidelines. All Site Content that you submit through or in association with the Networx™ Offerings including, without limitation, the Registration Data, Feedback, Listings, Content, articles, advertisements, responses, comments, statements, promises or other information, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here. |
homeguide.com | Networx Systems, Inc. Attn: DMCA/Copyright Agent 3399 Peachtree Road NE Atlanta, Georgia 30326 [email protected] |
homeguide.com | (b) The Networx™ Offerings contain comments, opinions, statements, feedback, submissions and other content (collectively, “Feedback”), Listings, Content, articles, advertisements, responses, statements, promises and other information (collectively, “Site Content”) that is provided directly by Third Party Contractors, Participants, Visitors and any other parties that use the Site (collectively, “Site Users”). Please use caution and common sense when using the Site and Directory. You agree that Networx™ shall have no obligation and incur no liability to you in connection with any Site Content and/or Feedback appearing in or through the Interactive Services. Networx™ does not represent or warrant that the Site Content featured by and through the Site and/or Feedback posted through the Interactive Services is accurate, complete or appropriate. Networx™ in no way endorses the Site Content made available by Site Users through the Interactive Services, Directory and/or any other Networx™ Offerings. The Site Content and other information submitted or made available by Site Users is not verified or reviewed in any way before it appears on the Site or otherwise through the Networx™ Offerings. Networx™ does not warrant the validity or accuracy of any such Site Content. Each Site User shall be solely responsible for the Site Content posted by and through the Networx™ Offerings. Networx™ reserves the right to prohibit any conduct by Site Users or remove any Site Content from the Networx™ Offerings at any time and for any reason, in Networx’s™ sole discretion. The reasons for removal may include where Networx™ believes that the Site Content posted by a Site User is unsuitable for the Networx™ Offerings for any reason including, without limitation, where: (i) the Site Content contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Site Content contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) Networx™ believes that a Site User is, at any time, conducting any commercial activity by and through the Site; and/or (iv) Networx™ believes that a Site User is in violation of the Agreement including, without limitation, Section 12 below. |
homeguide.com | (p) Manipulate identifiers in order to disguise the origin of any Site Content submitted; |
homeguide.com | License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Networx™ Offerings and associated content in accordance with the Agreement. Networx™ may terminate this license at any time for any reason. Other than where expressly permitted by Networx™, you may only use the Networx™ Offerings on one computer for your own personal, non-commercial use. No part of the Networx™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Networx™ Offerings or any portion thereof. Networx™ reserves all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Networx™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Networx™ infrastructure. Your right to use the Networx™ Offerings is not transferable. |
homeguide.com | Interactive Services. Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in, and provide Feedback in connection with, comment sections, blogs, message boards, question and answer areas and other interactive areas of the Site. |
homeguide.com | You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety when you: (a) access the Site; (b) utilize the Networx™ search directory (“Directory”) in order to obtain search listings and related information (collectively, “Listings”) regarding a variety of home improvement and gardening businesses, professionals, venues, products and/or services (collectively, “Contractor Offerings”) as offered and provided by the y contractors, business entities and professionals featured on the Site (collectively, “Third Party Contractors”); (c) access articles, discussions, Site User (as defined below) feedback and/or other content on the Site (collectively, “Content”); (d) utilize the Site’s many interactive features designed to facilitate interaction between you, Networx™, other Site Users and “Contributors” (collectively, “Participants”) participating in the blogs, comment sections, reviews and other interactive features located in designated areas of the Site (“Interactive Services”); (e) register to submit a free Listing of your Contractor Offerings; (f) agree to waive any right to participate in a class action against networx; (g) access links to our social media pages on Third Party social media websites, including, but not limited to, Facebook®, Google+®, TikTok®, Instagram®, LinkedIn®, Youtube®, Glassdoor® and Pinterest® (“Social Media Pages,”) and together with the Site, Directory, Listings, Content, Interactive Services, Enhanced Services and Social Media Pages, the “Networx™ Offerings”). Please review the Agreement carefully. If you do not agree to the terms of the Agreement in their entirety, you are not authorized to use the Networx™ Offerings in any manner or form. |
homeguide.com | (d) You are solely responsible for the Site Content that you publish or post, including any Feedback by and through the Networx™ Offerings; |
homeguide.com | If you intend to seek arbitration, you must first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. The Initial Dispute Notice should be addressed to: Networx Systems, Inc., 3399 Peachtree Road NE, Atlanta, Georgia 30326. The Initial Dispute Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute within thirty (30) days of receiving the Initial Dispute Notice, you may commence an arbitration proceeding under the terms of this Agreement in Atlanta, Georgia 30326. |
homeguide.com | Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Networx™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. |
homeguide.com | You may opt-out of these dispute resolution provisions by providing written notice of your decision at the email or mailing addresses listed below within thirty (30) days of the date that you first access the Site. |
homeguide.com | Listings/Free Listings. Subject to the terms and conditions of the Agreement, by registering on the Site, agreeing to the Agreement and receiving approval from Networx™, you (acting as a Third Party Contractor) can submit, or attempt to submit, Listings for display to Site Users that conduct searches by and through the Directory. To submit a Listing, you must first fully complete the applicable Site Form. The information that you must supply on the Site Form includes, but is not limited to: (a) your company name; (b) your full name; (c) your telephone number; (d) your mobile telephone number; (e) your zip code; (f) your e-mail address; (g) categories that apply to your Contractor Offerings, if applicable; and/or (h) any other information requested on the Site Form (collectively, the “Listing Registration Data” and together with the Directory Registration Data, the “Registration Data”). You agree to provide true, accurate, current and complete Listing Registration Data and to update your Listing Registration Data as necessary in order to maintain it in a current and accurate fashion. Networx’s™ use of the Listing Registration Data shall be governed by the Privacy Policy. |
homeguide.com | Copyright Policy/DMCA Compliance. Networx™ reserves the right to terminate access to the Site of any Site User who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other Networx™ Offerings in a way that constitutes copyright infringement, you should provide Networx™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Networx’s™ Copyright Agent for notice of claims of copyright infringement is as follows: |
homeguide.com | The arbitration shall be governed by the Consumer Arbitration Rules (collectively, 'AAA Rules') of the American Arbitration Association ('AAA'), as modified by the terms of this Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at 'www.adr.org' or by calling the AAA at 1-800-778-7879. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, or enforceability of these arbitration provisions and the terms of this Agreement. |
homeguide.com | (f) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including Networx™. |
homeguide.com | You understand and agree that Networx™ shall not be liable to you, any other Site User or any third party for any claim in connection with your use of, or inability to use, the Networx™ Offerings. Networx™ disclaims any and all liability for any loss, damage, or injury based on Content, Contractor Offerings or other products, services and/or information directly or indirectly obtained through the Networx™ Offerings. You understand and agree that Networx™ is not responsible or liable in any manner whatsoever for any dispute between you and any Site User. |
homeguide.com | (g) Act in a manner that affects other Site Users' ability to engage in real time exchanges; |
homeguide.com | (l) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; |
homeguide.com | (q) Post, offer for download, e-mail or otherwise transmit any Site Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; |
homeguide.com | Scope/Modification of Agreement/Termination. The Agreement constitutes the entire and only agreement between you and Networx™ with respect to your use of the Networx™ Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Terms of Use and Privacy Policy will be posted on the Site, and you should review same prior to using the Networx™ Offerings. By your continued use of the Networx™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Networx™ Offerings shall be subject to the Agreement. |
homeguide.com | Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of the Networx™ Offerings without notice, in the sole discretion of Networx™. Networx™ reserves the right to pursue any and all legal remedies against Site Users that engage in the aforementioned prohibited conduct. You agree that Networx™ has the right, in its sole discretion, to remove, refuse, move, edit, or delete any Site Content submitted, regardless of whether the Site Content violates this Agreement. |
homeguide.com | (m) Post, distribute or reproduce in any way any copyrighted material, trade secrets, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; |
homeguide.com | Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Networx™ Offerings. The Content is compiled, distributed and displayed by Networx™, as well as various Third Party content providers including, without limitation, Third Party Contractors, Visitors and Participants (“Third Party Providers”). Networx™ does not control the Content provided by Third Party Providers that is made available by and through the Networx™ Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Networx™ does not represent or warrant that the Content and other information posted by and through the Networx™ Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Networx™ shall not be responsible for, and Networx™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Networx™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. |
homeguide.com | Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Networx™ Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Networx™ Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Networx™ is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at the Site or through the Networx™ Offerings. The posting of information or material on the Site by Networx™ does not constitute a waiver of any right in or to such information and/or materials. The “Networx” name and logo, and all associated graphics, icons and service names, are trademarks of Networx Systems, Inc. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s prior express written consent is strictly prohibited. |
homeguide.com | Disclaimer of Warranties. The Networx™ Offerings and/or any other products and/or services that you may apply for through same are provided to you on an “as is” and “as available” basis. And all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, Networx™ makes no warranty that: (a) the Networx™ Offerings and/or any other products and/or services that you may apply for through same will meet your requirements; (b) the Networx™ Offerings and/or any other products and/or services that you may apply for through same will be uninterrupted, timely, secure or error-free; (c) you will qualify for contractor offerings from any third party contractor; or (d) the results that may be obtained from the use of the Networx™ Offerings and/or any other products and/or services that you may apply for through same will be accurate or reliable. The Networx™ offerings and/or any other products and/or services that you may apply for through same may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from Networx™, any site user or otherwise through or from the Networx™ offerings, shall create any warranty not expressly stated in the agreement. |
homeguide.com | (a) Networx™ does not sponsor, recommend or endorse: (i) any Third Party Contractors (including Advertisers) that are accessible by and through the Directory and/or Interactive Services; (ii) any Participants that are accessible by and through the Interactive Services; and/or (iii) any Site visitors (“Visitors”) that are accessible by and through the Site and/or Interactive Services. The Site facilitates communication between Third Party Contractors, Participants, Visitors and potential users of associated Contractor Offerings. Some of the Third Party Contractors that are accessible by and through the Directory pay a fee for inclusion in the Directory. |
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