This agreement describes the terms and conditions applicable to your ("SUBSCRIBER") use of our service herein referred to as ("THE REFERRAL SERVICE"). THE REFERRAL SERVICE is involved with the matching of the SUBSCRIBER with contractors and or lenders ( "SERVICE PROVIDERS") whom THE REFERRAL SERVICE deems meet the request as outlined by SUBSCRIBER in the on line form that the SUBSCRIBER has used to communicate such request. This User Agreement contains nine (9) sections that describe the terms and conditions under which THE REFERRAL SERVICE also know as THE REFERRAL SERVICE DBA RenovationExperts.com. offers you an account for use of the service provided through our web site.
1. Eligible SUBSCRIBERS
By accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement, and that you will or have accurately completed any SUBSCRIBER information and or requests submitted to us.
2. General Disclaimer
In using THE REFERRAL SERVICE, 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 may want to 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 PROVIDERS has insurance coverage at the time you enter into an agreement with the SERVICE PROVIDERS 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.
3. Use of Account; Privacy
Use of Account, In order to protect the SUBSCRIBER and the personal information obtained from the SUBSCRIBER, THE REFERRAL SERVICE will comply with all applicable laws and regulations when using personal information. THE REFERRAL SERVICE recognizes that you have legitimate concerns about privacy. By accepting this Agreement, you expressly consent to the use and disclosure of your personal information in that such information shall be used to match you with SERVICE PROVIDERS as the SUBSCRIBER has requested on the on line form.
You may copy information provided by THE REFERRAL SERVICE for your personal use, but you must retain any copyright notice and other proprietary notice on copied information. You are not permitted to reproduce, distribute, transmit, publish, or commercially exploit any information provided by THE REFERRAL SERVICE without the appropriate permission of the copyright owner. This prohibition precludes emailing, faxing, posting to any bulletin board, storage in a database accessible to persons other than yourself, or otherwise making information available electronically or in any other form.
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 your Account 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 PROVIDERS.
6. Limitations of THE REFERRAL SERVICE Liability Release
THE REFERRAL SERVICE and its suppliers will not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account. THE REFERRAL SERVICE's total cumulative liability to you and anyone who uses the service or the Third Party services through your account, for any and all claims under any theory of law (including negligence), will not exceed $1,000 or the aggregate amount you paid to THE REFERRAL SERVICE in the preceding 12 months, whichever is greater. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting THE REFERRAL SERVICE's liability beyond what is permissible under applicable law. You agree not to hold 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 of Account
You may terminate your account, this Agreement, and your right to use the service, at any time and for any reason or no reason, by faxing your request to cancel in writing to 866-493-7104. Notifying THE REFERRAL SERVICE in any other way of your desire to terminate your account may result in delays in processing your request. THE REFERRAL SERVICE reserves the right to immediately suspend or terminate your account in its sole discretion. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of any the fee-based services before termination. Sections 2, 5, 8, and 9 will remain in effect notwithstanding the termination of your account or this Agreement.
8. Disputes
You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in Duval County, Florida, through (i) Better Business Bureau Binding Arbitration for claims less than or equal to $2,500 or (ii) Judicial Arbitration and Mediation Services/Endispute ("JAMS") for claims more than $2,500, under then-existing BBB or JAMS arbitration rules and procedures. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof.
9. Miscellaneous
THE REFERRAL SERVICE, the SERVICE PROVIDERs, and any marketing Partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of the state of Florida, in the same manner and to the same extent that such laws apply to agreements between Florida residents performed entirely within Florida. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by THE REFERRAL SERVICE or its representatives or resellers.
