Terms of Service
The following Terms of Service, which include the Privacy Policy, and any guideline, policy or content displayed on the domain and sub-domains of www.HomeProHub (the "Website"), are a legally binding contractual agreement between you ("Homeowner", "you," "your") and HomeProHub, LLC. ("HomeProHub," "we," "us")(hereinafter collectively referred to as the "Terms of Service"). By visiting or using the services available from the Website you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
1. REGISTRATION
A. Eligibility. To access our services through our Website ("Services") and become a registered user permitted to use the Services (a "Homeowner") and have an account with us (an "Account"), you must be an individual of eighteen (18) years of age or older who can form legally binding contracts. Further, to become a Homeowner, you must accept all of the terms and conditions in, and linked to, these Terms of Service. By becoming a Homeowner, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; and (2) perform your obligations as specified by any agreement with a contractor for a home improvement project (a "Project") utilizing the Services (a "Project Agreement") that you accept, unless such obligations are prohibited by law or by the Terms of Service. HomeProHub reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration and Accounts. To become a Homeowner and to access your Account, you must activate your HomeProHub Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness. You further agree that all information you provide to us with respect to the Project will be complete, true and accurate to the best of your knowledge. During registration, you will be asked to choose a username and password for the Account. As a Homeowner, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website and your Account. You authorize HomeProHub to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
2. RELATIONSHIPS
(A) Homeowner and Contractor.
(1) Project Agreement. The engagement, contracting and management of a Project is between the Homeowner and the duly authorized contractor ("Certified Contractor") selected by the Homeowner (the "Selected Contractor") pursuant to a Project Agreement. Upon acceptance of a "Bid," as defined below, from a Certified Contractor and the subsequent approval of the Project by the Selected Contractor and the subsequent approval of the Selected Contractor, the Homeowner will agree to purchase, and the Selected Contractor will agree to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Homeowner and Selected Contractor including the Bid, Project Description, and other terms and conditions as communicated between Homeowner and Selected Contractor (also referred to as the "Project Agreement"), and (b) these Terms of Service. THE PROJECT AGREEMENT WILLL BE IN A FORM PROVIDED BY THE SELECTED CONTRACTOR, OR AS OTHERWISE AGREED TO BY YOU AND THE SELECTED CONTRACTOR, NOT A FORM SUPPLIED BY HOMEPROHUB. You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Homeowner is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Selected Contractor is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Homeowner and Selected Contractor each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
(2) Disclaimers.
(a) HOMEPROHUB IS NOT A LICENSED CONTRACTOR AND DOES NOT PROVIDE CONTRACTING SERVICES. HOMEPROHUB ONLY FACILITATES RELATIONSHIPS BETWEEN CERTIFIED CONTRACTORS AND HOMEOWNERS. HOMEPROHUB RECEIVES A FEE FROM THE SELECTED CONTRACTOR. THE PURCHASE AND SALE OF MATERIALS AND THE CONTRACT FOR CONSTRUCTION SERVICES IS SOLELY BETWEEN THE SELECTED CONTRACTOR AND THE HOMEOWNER. HOMEOWNER ACKNOWLEDGES THAT HOMEPROHUB HAS NO LIABILITY FOR ANY ACT OR OMMISSION OF THE SELECTED CONTRACTOR.
(b) ALTHOUGH HOMEPROHUB UTILIZES A 25 POINT CONTRACTOR CERTIFICATION PROCESS, CONTRACTORS DEEMED QUALIFIED MAY BE CERTIFIED BEFORE ALL 25 POINTS HAVE BEEN COMPLETED. HOMEPROHUB WILL FROM TIME TO TIME REVISE ALL OR PART OF THE 25 POINT CONTRACTOR CERTIFICATION PROCESS WITH RESPECT TO CERTIFIED CONTRACTORS. HOWEVER, IT IS NOT POSSIBLE FOR HOMEPROHUB TO ENSURE THAT THE DATA IS AT ALL TIMES UP TO DATE. HOMEPROHUB, THEREFORE, DOES NOT REPRESENT OR WARRANT THAT THE CERTIFICATION IS ERROR FREE OR AT ALL TIMES ACCURATE.
(c) HomeProHub allows Certified Contractors to post profiles about themselves and their business on the Website. Because the profile information is self-provided, except as provided above, HomeProHub does not review or verify the information or representations set forth in those profiles.
B. Homeowners and HomeProHub.
(1) General. HomeProHub will (i) permit a Homeowner in good standing to communicate to HomeProHub prospective Projects through the Website, (ii) respond to the prospective Project to qualify the prospective Project and assist the Homeowner in posting the data on the Website (a "Project Posting") necessary to permit Certified Contractors to bid the Project through the Website (a "Bid") and (iii) permit the Homeowner to communicate an approval of a Bid through the Website. When the Homeowner approves a Bid, the Selected Contractor is to inspect the Project site. Until (i) the Selected Contractor visits and approves the Project, (ii) Homeowner approves the Selected Contractor and (iii) Homeowner and the Selected Contractor enter into a Project Agreement, neither the Selected Contractor nor the Homeowner are obligated to proceed with each other or the Project. Homeowner may refuse a proposed Project Agreement from the Selected Contractor and repost the Project.
(2) Further Disclaimer. HomeProHub is not a party to the dealing, contracting and fulfillment of any Project between a Homeowner and a Selected Contractor. HomeProHub has no control over and does not, except as expressly stated in writing, guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Project Postings, the qualifications, background, or abilities of Homeowners, the ability of Certified Contractors to perform services, the ability of Homeowners to pay for services, or that a Homeowner or Selected Contractor can or will actually complete a Project. HomeProHub is not responsible for and will not control the manner in which a Selected Contractor operates and is not involved in the hiring, firing, discipline or working conditions of the Selected Contractor. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Homeowner and a Selected Contractor. HomeProHub will not provide any Selected Contractor with any materials or tools to complete any Project. Homeowners and Selected Contractors must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
C. HomeProHub, Contractor and Homeowners YOU AND THE CERTIFIED CONTRACTOR SPECIFICALLY AGREE NOT TO CIRCUMVENT THE RELATIONSHIP BETWEEN THE CERTIFIED CONTRACTOR AND HOMEPROHUB BY CONTRACTING FOR ANY PROSPECTIVE PROJECT IN WHOLE OR IN PART WITH A CERTIFIED CONTRACTOR OTHER THAN THROUGH HOMEPROHUB'S SERVICES FOLLOWING A PROJECT POSTING. HomeProHub is a third-party beneficiary of the Project Agreement. Homeowner and Selected Contractor each acknowledges and agrees that the value, reputation, and goodwill of HomeProHub and the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Homeowner and Selected Contractor therefore designate HomeProHub as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, HomeProHub by these Terms of Service. Homeowners and Selected Contractors further agree that HomeProHub has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as HomeProHub in its sole discretion deems necessary to protect the value, reputation, and goodwill of HomeProHub and the Website. HomeProHub has no duty to enforce any rights under the Project Agreement.
3. TAXES
Homeowners and Selected Contractors are responsible for payment and reporting of any taxes arising out of a Project Agreement. HomeProHub is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event HomeProHub receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service levy, HomeProHub will deem such receipt a breach of this section and will suspend your Account until HomeProHub received an Internal Revenue Service Release.
4. DISPUTE SERVICES AND RESOLUTION
A. Eligibility for Dispute Resolution Services. HomeProHub offers dispute resolution services in accordance with its Service Guarantee ("Dispute Resolution Services") only to those Homeowners who are engaged in a dispute over a Project.
B. Mediation with HomeProHub and Arbitration. In addition to the Dispute Resolution Services and irrespective of whether you take advantage of the same, in any dispute between Homeowners and a Selected Contractor relating to a Project, you agree to informally mediate such dispute in good faith before HomeProHub for a period of twenty (20) business days. Such twenty business day period shall be deemed to have begun the day that either party requests such mediation. You are advised that HomeProHub is not a professional mediation service and does not provide attorneys or judicial officers for its Dispute Resolution Services. Rather, HomeProHub personnel will utilize their construction industry experience to attempt to facilitate communication between you and the Selected Contractor in an effort to resolve the dispute. If you are dissatisfied with the progress, or if twenty (20) business days have lapsed since you have notified HomeProHub of a dispute between you and a Selected Contractor, you agree to submit your dispute to binding arbitration with a single arbitrator in accordance with the applicable rules of the American Arbitration Association through the American Arbitration Association office in closest geographic proximity to the site of the Project.
C. Communication. You agree and acknowledge that (1) HomeProHub will use the e-mail address corresponding with your Account ID registered at the time a dispute arises to notify and communicate with you with regard to any dispute and (2) you are solely responsible for the receipt of any notification or communication sent by HomeProHub using the e-mail address corresponding with your Account ID registered at the time a dispute arises.
D. Acknowledgements. You agree and acknowledge that (1) HomeProHub is not providing legal services to you or to a Selected Contractor, (2) HomeProHub will not advise you regarding any legal matters and (3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on HomeProHub for any such counsel. You agree to indemnify and hold harmless HomeProHub and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Services.
5. TERM; TERMINATION AND SUSPENSION
A. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or HomeProHub as provided for under the terms of this section.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated, but these Terms of Service shall continue to apply with respect to all prior Projects and Posted Projects.
C. Any termination of an Account will automatically lead to the termination of all related Posted Projects and prospective projects.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Homeowners, Certified Contractors or for HomeProHub or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or reregister under a new Account.
E. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
6. PRIVACY
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the HomeProHub Privacy Policy. It is your responsibility to review the HomeProHub Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Website and may be updated from time to time. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
7. REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Homeowner Representations and Warranties. All Homeowners represent, warrant, and agree:
(1) to grant access to an Account only to users authorized to act on behalf of the Homeowner and only in accordance with these Terms of Service;
(2) to be fully responsible and liable for any action of any user who uses your Account;
(3) not to use your Account, username, or password of another Homeowner that you are not expressly authorized to use;
(4) not to allow any third party who is not authorized to do so to use your Account at any time.
(5) not to use any device, software or router, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website;
(6) not to intercept or expropriate any system, data or personal information from the Web Site;
(7) not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques;
(8) that they have the right and authority to enter into the Terms of Service and to transact business hereunder;
(9) that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Selected Contractors;
(10) that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation HomeProHub or any Register User;
(11) that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty;
(12) that they are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America;
(13) that they are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury's Office of Foreign Assets Control ("OFAC"); and
(14) that they will not use the Website in connection with any "prohibited transaction" as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
B. Warranty Disclaimer. THE SERVICES PROVIDED BY HOMEPROHUB OR OUR CERTIFIED CONTRACTORS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
C. Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER HOMEOWNER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
D. General Release. If you have a dispute with another Homeowner or Selected Contractor, you release HomeProHub (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
E. State Specific Release. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE #1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "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."
F. Indemnity. You agree to defend, hold harmless and indemnify HomeProHub from and against any and all losses, costs, expenses, damages or other liabilities incurred by HomeProHub from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against HomeProHub: (1) in connection with your use of the Services or (2) resulting from: (a) your use of the Website (b) any breach of contract or other claims made by Certified Contractors with which you conducted business through the Website; (c) your breach of any provision of these Terms of Service; (d) any liability arising from the tax treatment of payments or any portion thereof; (e) any negligent or intentional wrongdoing by you; (f) any act or omission of yours with respect to the payment of fees to any Selected Contractor; (g) your dispute of or failure to pay any invoice or any other payment; or (h) your obligations to a Selected Contractor. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
G. Links. The Website may contain links to third-party websites not under the control or operation of HomeProHub. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
H. Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on HomeProHub's part to store, backup, retain, or grant access to any information or data for any period.
8. MISCELLANEOUS TERMS AND CONDITIONS
A. Compliance with Law. You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
B. Modification and Waiver. HomeProHub will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of HomeProHub. No delay or omission by HomeProHub in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of HomeProHub, and any attempt to do so will be null and void. HomeProHub may assign these Terms of Service in its sole discretion.
E. State Specific Legal Notice. Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: HomeProHub, located in San Jose, California, is the provider of the electronic commercial service on this site. Homeowners are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact HomeProHub to resolve a complaint regarding any aspect of service relating to this site by writing to the above address, or contact us at info@homeprohub.com
F. Force Majeure. Neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
G. Notice. All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.