This Web site is 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 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.HG413.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated on 01/15/09.
1. INTRODUCTION TO HG413. Users requesting bids must be required to check off acceptance of the Terms and Conditions.
2. HG413 SERVICES. At HG413 we are committed to making your total HG413 experience a positive one. Upon entering your information and the request for which you would like a service professional, we will provide you with a list of service professionals in your area, if any, 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 either are capable or willing to complete your service needs. 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. HG413 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 HG413, nor is HG413 an agent of the service professionals. HG413 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 HG413-Reminder Publications, Inc. (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 HG413 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.
3. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE. 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 HG413 resolution process has been developed to try and assist you in resolving any workmanship problems that may arise in the course of a home improvement repair or maintenance project and which may be the fault of a service professional who you learned about through the HG413 services. Under the circumstances more fully described herein and upon completion of all required procedures, although we have no such obligation, 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 HG413 resolution process. If, in its sole discretion, HG413 determines that you have not participated and cooperated in good faith in the resolution process, HG413 may terminate such Resolution Process and the Limited Service Guarantee (details). Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
4. INFORMATION YOU PROVIDE TO US. Upon using the HG413 services, you will be prompted to disclose certain information about yourself and your service requirements. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. 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 HG413 and its partners and thus agree to be contacted by HG413 and/or its partners. You promise that all information 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 HG413 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HG413 has the right to refuse any current or future use of the HG413 services (or any portion thereof) by you.
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 HG413 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 HG413 AND EACH HG413 SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HG413 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.
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, HG413 relies on representations of service professionals that are using a Massachusetts General building contracting license to cover home improvement tasks, that such service professionals are performing more than one task as defined and required by Massachusetts licensing rules.
NOTE: HG413 confirms changes when notified, we perform screening solely at the time the member applies for membership in the HG413 network, and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a service professional you verify that information presented in the service professional's profile is still current and/or acceptable to you.
Service Professionals Profiles: HG413 allows Service Professionals to post profiles about themselves and their business on the HG413 Web site. HG413 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.
The above procedures may change from time to time at the sole discretion of HG413. HG413 believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, HG413 advises consumers to check these matters for themselves especially at future dates. HG413 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 HG413 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.
Posting Ratings & Reviews on HG413.com
HG413 reserves the right, but not the obligation, to refuse to post or to remove any Review if HG413 determines (in its sole discretion) that it 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. 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"). Language that violates the standards of good taste or the standards of this Site. Comments concerning a different Service Professional.
Information not related to work requested in the service request.
Statements that are or appear to be false. Comments that disparage HG413.
Further, the reviewer must provide permission to HG413 to contact the Service Professional about his or her work request. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached.Ratings & Reviews are not endorsed by HG413.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 HG413. HG413 disclaims any and all representations or warranties with regard to the Ratings and Reviews.
Reviews do not reflect the views of HG413; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. HG413 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.
5. INDEMNIFICATION. YOU AGREE TO INDEMNIFY HG413, 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 HG413 SERVICES OR IN CONNECTION WITH THE HG413 WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
6. GENERAL PROVISIONS. You acknowledge and agree that the HG413 services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HG413's sole obligation to you or any third party for any claim arising out of your use of the HG413 services or the HG413 Web site, is that you are free to discontinue your use of the HG413 services or the HG413 Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HG413 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 HG413 SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HG413 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 HG413'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 HG413 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 HG413 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 Massachusetts as such laws are applied to agreements entered into and to be performed entirely in the State of Massachusetts and between Massachusetts residents. You agree to submit to jurisdiction in Massachusetts and that any claim arising under these Terms and Conditions will be brought solely in a court in Hampden County, Massachusetts.
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