Terms and Conditions
HOUSEHELPPRO.COM, LLC
WEBSITE TERMS and CONDITIONS
YOU MUST AGREE TO ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT HOUSE HELP PRO IS UNWILLING TO LET YOU UTILIZE OUR SERVICES.
1. ACCEPTANCE OF TERMS
Welcome to HOUSEHELPPRO.COM, LLC, (AHOUSE HELP PRO@). HOUSE HELP PRO provides its service to you, subject to the following Terms of Service (”TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://househelppro.com/terms-and-conditions. In addition, when using particular HOUSE HELP PRO owned or operated services, you and HOUSE HELP PRO shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICES. HOUSE HELP PRO is a website to provide answering questions on household repairs.
3. NON-COMMERCIAL USE BY MEMBERS. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are set forth above. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited emails or unauthorized framing of or linking to the Website is prohibited. Non-approved commercial advertisements, affiliate links, and other forms of solicitation may be removed. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
5. HOUSE HELP PRO PRIVACY POLICY AND ANTI-SPAM POLICY.
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at ________. At HOUSE HELP PRO.COM, we are very serious about providing great service and protecting our members. HOUSE HELP PRO shall make reasonable attempts to respond to complaints regarding receipt of HOUSE HELP PRO related Spam and/or any other harassing email. To view our Anti-Spam and Ethical Marketing Policy go to HOUSE HELP PRO. As a Member of HOUSE HELP PRO, you agree to abide by our Anti-Spam and Ethical Marketing Policy.
6. CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (”Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HOUSE HELP PRO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HOUSE HELP PRO does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HOUSE HELP PRO be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a HOUSE HELP PRO official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (”Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material 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;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law;
“stalk” or otherwise harass another; or
collect or store personal data about other users;
harasses or advocates harassment of another person;
exploit people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprises or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent; or
uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
You acknowledge that HOUSE HELP PRO may or may not pre-screen Content, but that HOUSE HELP PRO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, HOUSE HELP PRO and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HOUSE HELP PRO or submitted to HOUSE HELP PRO, including without limitation information in HOUSE HELP PRO Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that HOUSE HELP PRO may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HOUSE HELP PRO, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by HOUSE HELP PRO and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR DOMESTIC/INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with federal, state and all local rules regarding online conduct and acceptable Content. The applicability of contents is subject to local rules, codes, etc., and should be consulted before specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. HOUSE HELP PRO reserves the right to investigate and take appropriate legal action against anyone who, in HOUSE HELP PRO’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any product or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
covering or obscuring the banner advertisements on your personal profile page, or any HOUSE HELP PRO page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to contact people;
interfering with, disrupting, or creating an undue burden on the Services or the network or services connected to the Services;
attempting to impersonate another Member or person;
selling or otherwise transferring your profile;
using any information obtained from the Services in order to harass, abuse, or harm another person; or
using the Services in a manner inconsistent with any and all applicable laws and regulations.
9. COPYRIGHT POLICY.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HOUSE HELP PRO to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to HOUSE HELP PRO by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. HOUSE HELP PRO’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: copyright@househelpro.com.
10. PRIVACY.
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.
11. DISCLAIMERS.
HOUSE HELP PRO is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. You should independently verify the content with your local jurisdiction. Profiles created and posted by Members on HOUSE HELP PRO may contain links to other websites. HOUSE HELP PRO is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HOUSE HELP PRO. Inclusion of any linked website on HOUSE HELP PRO does not imply approval or endorsement of the linked website by HOUSE HELP PRO. When you access these third-party sites, you do so at your own risk. HOUSE HELP PRO takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. HOUSE HELP PRO is not responsible for the conduct, whether online of offline, of any User of the Services. HOUSE HELP PRO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HOUSE HELP PRO is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall HOUSE HELP PRO be responsible for any loss or damage, including personal injury or death, resulting from the use of the Services, attendance at a HOUSE HELP PRO event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online of offline. The Services are provided “AS-IS” and as available and HOUSE HELP PRO expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HOUSE HELP PRO cannot guarantee and does not promise any specific results from use of the Services.
12. LIMITATION ON LIABILITY.
IN NO EVENT SHALL HOUSE HELP PRO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HOUSE HELP PRO HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOUSE HELP PRO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOUSE HELP PRO FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. EXPORT CONTROLS.
Software that may be available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON
THE SERVICE
HOUSE HELP PRO does not claim ownership of Content you submit or make available for inclusion on the Service. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, however, you grant HOUSE HELP PRO the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of HOUSE HELP PRO, the license to use, distribute, reproduce, translate, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific HOUSE HELP PRO to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or HOUSE HELP PRO removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than HOUSE HELP PRO, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or HOUSE HELP PRO removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the HOUSE HELP PRO network of properties that are intended by HOUSE HELP PRO to be available to the general public and those websites to which we send content.
15. INDEMNITY
You personally agree to indemnify and hold HOUSE HELP PRO, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, through administrative pre-trial, trial, appellate, enforcement and alternative dispute resolution levels, made by any third party due to or arising out of Content you submit, post, transmit or make available, your use of the website, your violation of the TOS, or your violation of any rights of another person or entity.
16. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service; or replicate the Service in any medium whatsoever or utilize any other mechanism for replicating the Service.
17. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HOUSE HELP PRO may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on HOUSE HELP PRO ’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HOUSE HELP PRO has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that HOUSE HELP PRO reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HOUSE HELP PRO reserves the right to modify these general practices and limits from time to time.
18. MODIFICATIONS TO SERVICE
HOUSE HELP PRO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HOUSE HELP PRO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
19. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HOUSE HELP PRO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
20. LINKS
The Service may provide, or third parties may provide, links to other Websites or resources. Because HOUSE HELP PRO has no control over such sites and resources, you acknowledge and agree that HOUSE HELP PRO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HOUSE HELP PRO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Furthermore, you agree that you shall not link to any other page on this site but with the homepage. Any link to a page other than the homepage is not allowed. You are not to link to this website in any frame. Deep linking is not allowed.
21. HOUSE HELP PRO’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HOUSE HELP PRO or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
HOUSE HELP PRO grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HOUSE HELP PRO for use in accessing the Service.
You, your employees, officers, directors, contractors, independent contractors, affiliates, and other third-parties, whether or not with your permission acknowledge that you shall neither, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Service, merge the Service into other program material, nor shall Licensee otherwise create or attempt to obtain the source code of the Software.
You are not allowed to use any name or content from this website in any metatag.
22. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOUSE HELP PRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOUSE HELP PRO MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICE AND/OR PROGRAMS OR ANY OTHER TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND/OR PROGRAMS.
HOUSE HELP PRO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOUSE HELP PRO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
23. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOUSE HELP PRO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOUSE HELP PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS YOU RELEASE US (OUR OFFICERS, DIRECTORS, AGENTS AND SUBSIDIARIES, JOINT VENTURES, EMPLOYEES AND AFFILIATES) FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL, AND PUNITIVE) OF EVERY KIND AND NATURE KNOWN AND UNKNOWN ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT YOU FURTHER WAIVE YOUR RIGHT UNDER CALIFORNIA CIVIL CODE SECTION 1542 PROVIDING THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT EXISTS AT THE TIME OF THE EXECUTING OF THE RELEASE.
24. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
25. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
26. NOTICE
HOUSE HELP PRO may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
27. TRADEMARK INFORMATION
Trademarks and service marks and other HOUSE HELP PRO logos and product and service names are trademarks of HOUSE HELP PRO, (the ” HOUSE HELP PRO Marks”). Without HOUSE HELP PRO’s prior permission, you agree not to display or use in any manner, the HOUSE HELP PRO Marks.
28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
HOUSE HELP PRO respects the intellectual property of others, and we ask our users to do the same. It is the policy of HOUSE HELP PRO to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act (ADCMA@) and other applicable intellectual property laws. HOUSE HELP PRO may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HOUSE HELP PRO=s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
located identification of the specific URL of where the material that you claim is infringing is on the site;
your address, telephone number, and email address;
statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
the customer involved.
HOUSE HELP PRO’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: copyright@househelppro.com.
Please note any other matters or inquiries (ie. Non-copyright related matters or inquiries) directed to the above party will not be addressed or responded to. To contact HOUSE HELP PRO on other matter, please “Contact Us@ section.
29. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and HOUSE HELP PRO and govern your use of the Service, superceding any prior agreements between you and HOUSE HELP PRO. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HOUSE HELP PRO services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and HOUSE HELP PRO shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and HOUSE HELP PRO agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County, Florida.
Waiver and Severability of Terms. The failure of HOUSE HELP PRO to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
30. VIOLATIONS
Please report any violations of our TOS to copyright@househelppro.com. Report violations of other TOS to the respective providers involved.
31. YOU AND HOUSE HELP PRO
By completing the registration process and by clicking on the ASubmit@ button you are applying to receive a Service and/or Programs. Your relationship to HOUSE HELP PRO is one of an independent contractor and/or customer. No employee-employer relationship is created by your use of Service. You are not obligated to refer anyone to HOUSE HELP PRO Service. HOUSE HELP PRO IS NOT OBLIGATED TO PROVIDE ANY SERVICE AND/OR PROGRAMS OR ANY OTHER PROMOTIONS TO YOU.