1800Contractor.com - Terms & Conditions of Use

Terms & Conditions of Use

1800Contractor Terms and Conditions

1800Contractor is a service of ImproveNet, Inc. and these Terms & Conditions constitute the binding agreement between you, the user, and ImproveNet, Inc., regarding your use of the 1800Contractor phone number, 1800Contractor.com Web site and its services. Where applicable, references in these Terms & Conditions to the services on the 1800Contractor Web site also include the phone-based services of 1800Contractor. This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement , as well as the privacy policy (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.1800Contractor.com. We may amend these Terms & Conditions at any time; Changes to these Terms & Conditions will be in writing and will be posted on our Web site as applicable. Please check these terms periodically for changes. At the top of the policy we indicate the date of an update. The continued use of any 1800Contractor services or of the applicable 1800Contractor affiliated web sites following the posting of changes to these terms will mean you accept those changes.

Terms & Conditions:

1. 1800CONTRACTOR SERVICES. Upon entering the required information and the geographic area for which you would like a list of Service Professionals ("service request"), we will display a list of Service Professionals in your area.

However, we do not guarantee that there are Service Professionals in your geographic area that either are capable or willing to complete your service needs. We make no, and explicitly disclaim any, 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. 1800Contractor does not endorse or recommend the services of any particular Service Professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Service Professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of 1800Contractor, nor is 1800Contractor an agent of the Service Professionals. 1800Contractor 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. Should you have a dispute with any Service Professional, you must address such dispute with the Service Professional directly, AND YOU HEREBY AGREE TO RELEASE 1800CONTRACTOR (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE 1800CONTRACTOR MATCHING UTILITY) 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.

2. INFORMATION YOU PROVIDE TO US. Upon using the 1800Contractor services, you may be prompted to disclose certain information about your service requirements. In the event you choose to provide 1800Contractor with personally identifiable information about yourself, By providing this information to us, you expressly consent to being contacted by us and our parent companies, subsidiaries and affiliates 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 for which you have provided your personally identifiable information. For complete details on our use of your information, please see our Privacy Policy.

3. YOUR USE OF THE 1800CONTRACTOR SERVICES. You acknowledge and agree that your use of the 1800Contractor services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the 1800Contractor Web site is the sole and exclusive property of 1800Contractor, 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. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to 1800Contractor for any such damages, and will indemnify 1800Contractor in the event of any third party claims against 1800Contractor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the 1800Contractor Web site and services at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by 1800Contractor in its sole discretion that you are misusing or attempting to misuse or circumvent the 1800Contractor services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, 1800Contractor 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.

4. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the 1800Contractor 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 1800Contractor. 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 1800Contractor Web site or any other 1800Contractor owned, operated, licensed or controlled site. Elements of 1800Contractor Web sites 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 1800Contractor web Site may be copied or retransmitted unless expressly permitted by 1800Contractor. 1800CONTRACTOR 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. 1800CONTRACTOR 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 1800CONTRACTOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 1800CONTRACTOR 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.

5. LINKS TO THIRD PARTY SITES. The links in the 1800Contractor Web site will let you leave 1800Contractor's Web site. The linked sites are not under the control of 1800Contractor and 1800Contractor 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. 1800Contractor is not responsible for webcasting or any other form of transmission received from any linked site. 1800Contractor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 1800Contractor of the site. Please see the terms and conditions of any such linked sites for the conditions of your use of such sites.

6. SERVICE PROFESSIONAL PROFILES. 1800Contractor allows Service Professionals to post profiles about themselves and their business on the 1800Contractor Web site. 1800Contractor does not review or verify the information or representations set forth in those profiles, as they are self-reported by the Service Professional.

7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY 1800CONTRACTOR, AND ITS SUBSIDIARIES, PARENT COMPANIES, 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 1800CONTRACTOR SERVICES OR IN CONNECTION WITH THE 1800CONTRACTOR WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

8. GENERAL PROVISIONS. You acknowledge and agree that the 1800Contractor services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and 1800Contractor's sole obligation to you or any third party for any claim arising out of your use of the 1800Contractor services or the 1800Contractor Web site, is that you are free to discontinue your use of the 1800Contractor services or the 1800Contractor Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, 1800CONTRACTOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND YOU AGREE THAT 1800CONTRACTOR SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF 1800CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT, OR YOUR USE OF THE 1800CONTRACTOR WEB SITE. 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. These Terms and Conditions will inure to the benefit of 1800Contractor'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 1800Contractor 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 1800Contractor 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 under these Terms and Conditions will be brought solely in a court in Denver County, Colorado.

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