Hire Christmas Pros, LLC Terms of Service
Terms of Service
Last Modified: 06/22/2020
- Acceptance of the Terms of Service
These terms of service are entered into by and between you and hirechristmaspro.com, LLC, a Nebraska limited liability company (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”), govern your access to and use of hirechristmaspros.com, including any content, applications, features, functionality, subscriptions, and services offered on, through or accessible through hirechristmaspros.com (collectively, the “Website”).
You must be eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) or older and reside in the United States in order to use the Website, request quotes or receive leads. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
If you enter into the Terms of Service on behalf of an entity (“Entity”), the individual entering into the Terms of Service hereby represents he or she is an owner, agent or employee of the Entity and has the full right, power and authority to enter into the Terms of Service on the Entity’s behalf.
- Entity Users
The Website is offered to individuals and to Entities and such Entity’s owners, employees, agents and subcontractors (each a “User” and collectively “Users”). If you enter into the Terms of Service on behalf of an Entity, you must provide Entity’s full legal name when you complete a request form on the Website. Such Entity is a party to the Terms of Service and shall be subject to all of the provisions that are applicable to the party addressed as you, Customer, Contractor or Entity in the Terms of Service. Entity is responsible for the compliance of its Users with the Terms of Service, any breach of the Terms of Service by its Users and any acts or omissions of its Users. If Entity becomes aware of any violation of its obligations under the Terms of Service by one or more of its Users, Entity will immediately terminate any such User’s access to the Website and notify Company. Each User using the Website further agrees to the Terms of Service and acknowledges and agrees that he or she is subject to, and shall comply with, all of the provisions of the Terms of Service, as applicable based on whether Entity is a Customer or Contractor.
- Changes to the Terms of Service; Interpretation
We may revise and update the Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, unless otherwise provided in the updated Terms of Service. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. If you are a Contractor, you agree to immediately comply with any such posted changes to the Terms of Service. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The date the Terms of Service were last modified is indicated above.
As used in the Terms of Service, the term “including” means “including without limitation” and does not limit the preceding words or terms; the words “or” and “nor” are inclusive and include “and”; and the singular shall include the plural and vice versa.
- Requesting a Quote or Leads
- Accessing the Website
We reserve the right to modify the Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. We have the right to limit your access to the Website any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Service or your act or omission causes harm to Company’s brand, reputation or business as determined by Company in our sole discretion.
- Company’s Services
Company offers homeowners, individuals, property managers, businesses and other persons or entities (“Customers” and each a “Customer”) seeking holiday lighting and decorating services (“Lighting Services”) the ability to request quotes from individuals and businesses providing Lighting Services (“Contractors” and each a “Contractor”) and offers Contractors the ability to receive leads for Customers seeking Lighting Services. When a Customer completes the request form on the Website, Company will receive an email with the details of the request and may then provide Customer’s information from such request to one or more Contractors that provide Lighting Services.
YOU ACKNOWLEDGE AND AGREE THAT: (A) COMPANY DOES NOT PERFORM ANY LIGHTING SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PROVIDE LIGHTING SERVICES; (B) CONTRACTORS ARE NOT AFFILIATED WITH COMPANY AND ARE NOT INDEPENDENT CONTRACTORS, EMPLOYEES, PARTNERS, AGENTS OR FRANCHISEES OF COMPANY; (C) ANY CONTRACT FOR LIGHTING SERVICES BETWEEN A CUSTOMER AND A CONTRACTOR IS SOLELY BETWEEN SUCH CUSTOMER AND SUCH CONTRACTOR, AND COMPANY DOES NOT HAVE ANY OBLIGATION UNDER ANY SUCH CONTRACT AND, FURTHER, COMPANY IS NOT LIABLE FOR ANY ACTIONS OR OMISSIONS OF A CUSTOMER OR A CONTRACTOR OR EITHER OF THEIR EMPLOYEES OR AGENTS WITH RESPECT TO YOU, YOUR ACTIVITIES OR YOUR PROPERTY OR ANY THIRD PARTY OR ANY THIRD PARTY’S PROPERTY; AND (D) COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR ANY SERVICES OR PRODUCTS PROVIDED BY A CONTRACTOR.
- Contractor Requirements
This Section 7 only applies to Contractors. Contractors are required to enter into our standard Contractor Services Agreement in order to receive leads for Customers from Company. You represent, warrant and agree, that you meet the following requirements and will continuously meet such requirements as long as you are offering and/or providing Lighting Services or any other services or products (collectively, the “Services”) to any lead for a Customer that you receive from us:
- You are at least 18 years old and are eligible to form legally binding contracts under applicable law.
- You are qualified and capable of providing the Services.
- The Services you provide will be performed with due care, skill and diligence and in a professional manner, and in compliance with any agreement you enter into with a Customer.
- You are in compliance with all applicable laws and regulations with respect to your business and its operations and the provision of the Services.
- You are properly and fully licensed, bonded and insured as required under all applicable laws and regulations. You are insured at levels in accordance with applicable industry standards and as required by the Contractor Services Agreement you entered into with us. You have all licensees, registrations, approvals, permits and certifications required to perform the Services under all applicable laws and regulations. You will notify us promptly of any changes in any of your licensing, bonding or insurance.
- You will comply with all applicable laws and regulations with respect to any information about or related to a Customer, including any contact information or personal information, provided to you by us and further will only use or disclose such information as allowed by the Terms of Service.
You agree that we may update the Contractor requirements in Section 7 from time to time, in our sole discretion, and in such event you agree to comply with any such updated Contractor requirements as long as you are offering and/or providing the Services to any lead for a Customer that you received from us.
You agree that we may request additional information from you about you and your employees and agents to determine whether the requirements set forth in this Section 7 are met and that we may independently verify information that you provide to us. You represent and warrant that all information you provide to Company is true and accurate.
You agree you will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Company or a Customer. You will not disclose any contact or personal information of a Customer to a third party, except as otherwise provided herein. You agree to allow only employees of your company or subcontractors performing the Services directly on behalf of your business to contact or provide any Services to Customers you learn of via a lead from us. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of these Terms of Service to the same extent as required by you hereunder (including the Contractor requirements set forth above in this Section 7). Except as allowed herein with respect to disclosures to subcontractors performing Services directly on your behalf (and not for their own purposes), you agree not to sell, trade, gift, assign or otherwise transfer any leads provided by Company to any other party, including any other Contractor.
You, as a Contractor, acknowledge and agree that (a), as between Contractor and Company, you are solely responsible for determining how to perform the Services and for providing all necessary equipment and workers to provide the Services at your own expense; (b) you retain the sole discretion to determine what Services you provide and whether to provide the Services; (c) you are solely responsible to Customers or other third parties that arise from provision of the Services by you and your employees and agents; (d) you are solely responsible for taking such precautions as may be responsible and proper regarding actions or omissions of a Customer or other third parties, such as obtaining proper insurance, including liability insurance and worker’s compensation; (e) Company may provide your contact information and insurance information to a Customer upon such Customer’s reasonable request; (f) Company may provide any information we have regarding you or your company to any authorities requesting such information from us regarding any Services you have provided; and (g) Company is not responsible for any delayed or undelivered leads. You acknowledge and agree that no contractual arrangement is created with a Customer based on the provision of a lead to you.
We make no guarantees, representations or warranties that you will receive any leads, that any leads will result in an agreement with a Customer to provide Services or that you will earn any amount of revenue or profit as a result of leads. You agree that Company is not responsible for or involved in any way with the payment for Services and that you must seek payment for Services directly from the applicable Customer according to your contract with such Customer.
- Customer Requirements
This Section only applies to Customers. If you are a Customer, you represent, warrant and agree (a) to pay a Contractor for Services in accordance with your agreement with such Contractor; (b) that you have the right and authority to contract with a Contractor with respect to the real and personal property and materials that are the subject of the Services; and (c) if you are an Entity, that you are in compliance with all applicable laws and regulations with respect to your business and its operations.
You agree that we may update the Customer requirements in this Section 8 from time to time, in our sole discretion, and in such event you agree to comply with any such updated Customer requirements as long as you are seeking and/or obtaining Services from a Contractor.
We do not guarantee that we will be able to match you with a Contractor or that any Contractors are capable or willing to provide the Lighting Services. We make no guarantees, warranties or representations regarding the skills or undertakings of any Contractor or the quality of the job or the Services that such Contractor may provide to you if you elect to retain their services. COMPANY DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR CONTRACTOR. It is entirely up to you to evaluate the Contractor and the Contractor’s qualifications, and to enter into an agreement directly with a Contractor.
No contractual arrangement is created based upon a quote provided to you by a Contractor. To contract with a Contractor, you must work directly with the Contractor. Your rights under contracts you enter into with Contractors are governed by the terms of such contracts and by applicable federal, state and local laws and regulations. Company is not a party to such agreements. All payments and remittance of applicable taxes must be made to a Contractor in accordance with your agreement with such Contractor. Should you have a dispute with respect to any services or products provided by a Contractor or the fees charged by a Contractor, you must address such dispute with the Contractor directly. YOU HEREBY AGREE TO RELEASE COMPANY (AND OUR MEMBERS, MANAGERS, AFFILIATES, EMPLOYEES AND AGENTS) 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 CONTRACTORS.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST A QUOTE FOR LIGHTING SERVICES THROUGH THE WEBSITE, YOU CONSENT TO COMPANY SHARING YOUR INFORMATION WITH CONTRACTORS PROVIDING LIGHTING SERVICES.
- Information Collected
- Intellectual Property Rights
The Website and its entire contents, features and functionality are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, the Company logo, domain name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product, and service names, designs and slogans on the Website are the trademarks of their respective owners.
The Terms of Service permit you to use the Website only as expressly authorized herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Website or any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your personal use and not for further reproduction, publication or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- Reverse engineer, disassemble, decompile or decode the Website or any part thereof or otherwise attempt to derive or gain access to the source code of the Website or any part thereof.
- Link to, mirror or frame any portion of the Website.
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Website.
- Use the Website in any unlawful manner whatsoever.
- Otherwise use the Website except as expressly authorized herein.
Except as expressly allowed herein with receiving leads as a Contractor, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this Section, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by the Terms of Service is a breach of the Terms of Service and may violate copyright, trademark and other laws.
- Access to the Website; Electronic Transaction and Communications
You are solely responsible for obtaining any devices and data access required to use the Website, and we do not guarantee that the Website will work with or on any particular device.
The parties consent to enter into the Terms of Service electronically and intend for the Terms of Service to be legally binding on and enforceable against each party in accordance with the Terms of Service. By providing your phone number, physical/mailing address or email address to Company on or through the Website or otherwise, you consent to receive electronic communications from Company (or a Contractor, if you are a Customer) to your phone number by text message or email address, telephone calls to your phone number (including by an automatic telephone dialing system) and communications to your physical/mailing address, including marketing and promotional materials and messages. You understand that you are not required to provide this consent to receive promotional messages as a condition of purchasing any goods or services or using our services. You may opt out of receiving text messages or phone calls from Company at any time either by texting the word “STOP” to 888-414-7767 using the mobile device that is receiving the messages or by emailing us at email@example.com with your request to opt out (and providing your phone number); however, if you opt out of such text messages or phone calls, your use of services offered by Company (or a Contractor, if you are a Customer) may be impacted. You agree that all notices and other communications that Company provides to you electronically as set forth above satisfy any legal requirement that such communications be in writing.
You agree that you are solely responsible for any related charges for any of the foregoing from your cell phone carrier, wireless carrier, internet service provider or other applicable service provider.
You agree that all consents provided in the Terms of Service will survive cancellation of any services being provided to you hereunder by Company or a Contractor, including the Services provided by a Contractor.
- Prohibited Uses
You may use the Website only for lawful purposes and only strictly in accordance with the Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation through any means.
- To impersonate or attempt to impersonate Company, a Company employee or agent, or any other person or entity (including by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or other users of the Website or expose them to liability.
- To cause any personal injury or property damage.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Monitoring and Enforcement
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights.
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of the Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone contributing information through the Website. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD HARMLESS THE COMPANY (AND OUR MEMBERS, MANAGERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY THIRD PARTY DURING OR AS A RESULT OF SUCH COOPERATION.
- Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of the Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any links at any time without notice in our discretion.
- Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
The owner of the Website is based in the state of Nebraska in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties; Limitation of Liability; Indemnification
- Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED BY US, ANY LEADS FROM US OR ANY SERVICES PROVIDED BY A CONTRACTOR, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR CONFIRMING THAT SERVICES PROVIDED COMPANY OR ANY SERVICES PROVIDED BY A CONTRACTOR WILL MEET YOUR REQUIREMENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH EVENT, TO THE FULLEST EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.
- Release of Liability
COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RESPONSIBILITY OR LIABILITY FOR THE SERVICES PROVIDED BY A CONTRACTOR OR FOR ANY ACTS OR OMISSIONS OF A CUSTOMER OR A CONTRACTOR OR THEIR EMPLOYEES OR AGENTS.
YOU, ON YOUR BEHALF AND ON BEHALF OF YOUR PARENTS, SUBSIDIARIES, AND AFFILIATES, PAST AND PRESENT, AS WELL AS YOUR PRESENT AND FORMER DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, NEXT OF KIN, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASORS”) HEREBY EXPRESSLY RELEASE, WAIVE, AND DISCHARGE COMPANY AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION OF ANY KIND OR NATURE, NOW KNOWN OR HEREAFTER KNOWN, ARISING OUT OF OR RELATED TO ANY BODILY INJURY, DEATH, OR PERSONAL PROPERTY LOSS OR DAMAGE THAT ANY OF THE RELEASORS OR ANY OF THE RELEASORS’ PROPERTY MAY SUSTAIN RESULTING FROM OR IN ANY WAY CONNECTED WITH (A) THE SERVICES PROVIDED BY A CONTRACTOR OR (B) THE ACTS OR OMISSIONS OF A CUSTOMER OR CONTRACTOR OR THEIR EMPLOYEES OR AGENTS, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE. FOR THE AVOIDANCE OF DOUBT, RELEASEES SHALL NOT BE LIABLE FOR ANY BODILY INJURY, DEATH, OR PERSONAL PROPERTY LOSS OR DAMAGE, ARISING OUT OF, ARISING FROM OR IN ANY MANNER CONNECTED WITH THE SERVICES PROVIDED BY A CONTRACTOR, THE ENTRY OF A CONTRACTOR OR ITS EMPLOYEES OR AGENTS UPON A CUSTOMER’S PROPERTY, THE USE BY A CONTRACTOR OR ITS EMPLOYEES OR AGENTS OF ANY OF A CUSTOMER’S PROPERTY OR ANY ACTS OR OMISSIONS OF A CONTRACTOR OR CUSTOMER OR THEIR EMPLOYEES OR AGENTS.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES OR EITHER OF THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS OR DIRECTORS (“COMPANY PARTIES” AND EACH A “COMPANY PARTY”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE, (B) ANY LEADS COMPANY PROVIDES TO YOU OR ANY SERVICES YOU RECEIVE FROM A CONTRACTOR OR (C) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CUSTOMER OR CONTRACTOR, AS APPLICABLE, AND ANY OF THEIR EMPLOYEES OR AGENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL A COMPANY PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF A COMPANY PARTY IN CONNECTION WITH THE TERMS OF SERVICE, THE WEBSITE, ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR USING THE WEBSITE, ANY LEADS FROM COMPANY OR ANY SERVICES PROVIDED BY A CONTRACTOR, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (X) THE TOTAL AMOUNTS PAID BY YOU FOR LEADS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (PURSUANT TO THE CONTRACTOR SERVICES AGREEMENT) OR (Y) $100.00.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless Company, its affiliates and each of their licensors, service providers, officers, directors, members, managers, employees, contractors, agents, successors and assigns (the “Indemnified Parties”) from and against any and all claims, demands, liens, damages, causes of action, and liabilities of any and every nature whatsoever, including personal injury or death, infringement, fraud, deceptive advertising, violation of any state or federal laws or regulations, property damage, attorneys’ fees and court costs arising out of, relating to or in connection with (a) your or your Users’ breach or violation of the Terms of Service, (b) your or your Users’ use of the Website, including your or your Users’ use of the Website’s content, services or products or use of any information obtained from the Website, (c) your or your Users’ use of any services or products received or otherwise obtained through or using the Website, any leads from Company or any Services, (d) your or your Users’ violation of the rights of any third party, (e) if you are a Customer, any dispute with a Contractor, and (f) if you are a Contractor, the provision of any Services or your dealings with any Customer or subject of a lead provided to you, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF COMPANY OR ANY OF THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY COMPANY OR ANY OF THE INDEMNIFIED PARTIES.
- Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU OR YOUR USERS MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, THE WEBSITE, THE CONTRACTOR SERVICES AGREEMENT, THE SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE OR ANY SERVICES PROVIDED BY US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to hold in confidence all Confidential Information (as defined below) and not to use such Confidential Information for any purpose other than in connection with your use of the Website and services provided by us including through the Website, all in accordance with the Terms of Service. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall promptly notify Company in writing of any circumstances that may constitute unauthorized disclosure, transfer or use of Confidential Information. Upon termination of the Terms of Service, you shall promptly return to Company or destroy all originals and any copies of any materials containing Confidential Information.
“Confidential Information” means any and all of Company’s trade secrets, confidential and proprietary information and all other information and data that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure, including information consisting of or relating to Company’s services, technology, trade secrets, know-how, business operations, plans, strategies, users, Customers and Contractors, in each case whether or not marked, designated, or otherwise identified as “confidential” or other words of similar import.
If you are a Contractor, you acknowledge and agree that all information about Customers that you receive from us is Confidential Information and shall be kept confidential by you, shall not be further disclosed by you except as expressly allowed herein, shall not be licensed or sold by you to a third party and may only be used by you for offering or providing Services by you.
- Equitable Relief
You acknowledge and agree that a breach or threatened breach by you of any of your obligations under Sections 10 or 20 would cause Company irreparable harm for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, Company will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
- California Users
Pursuant to California Civil Code Section 1789.3, Company provides users of the Website with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
- Governing Law; Jurisdiction
All matters relating to the Website, the Terms of Service, any services or products obtained through or using the Website, any services provided by us and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).
Any and all proceedings to resolve such any legal suit, action or proceeding arising out of, or related to, the Terms of Service, the Website, any services or products obtained through or using the Website or any services provided by us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska in each case located in the County of Douglas, Nebraska. To the fullest extent permitted by law, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding anything herein to the contrary, we retain the right to bring any suit, action or proceeding against you in any court or other appropriate tribunal located in your State or country of residence or any other relevant country.
- Waiver; Severability; Survival
No waiver by Company of any term or condition set forth in the Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
All provisions of the Terms of Service which by their nature should survive the expiration or termination of the Terms of Service, your access to all or part of the Website or the provision of any services by us, including Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 19, 20, 21, and 22 shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Terms of Service, your access to all or part of the Website or the provision of any services by us.
- Force Majeure; Assignment; No Third Party Beneficiaries
We will not be liable or responsible for any failure or delay in our performance of any obligation hereunder if caused by an event outside of our reasonable control.
You may not assign the Terms of Service without our prior written consent. Any such assignment in violation of this prohibition is null and void ab initio. We may assign the Terms of Service to a parent, subsidiary or like affiliated entity or as a result of operation of law or a change of control event (such as a merger, acquisition, reorganization, sale of substantially all assets or stock or any similar event) or to any third party, without your consent.
The Terms of Service are binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or shall confer upon any other individual or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of the Terms of Service.
- Entire Agreement
- Comments and Concerns; Notices
All notices to us or feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org. We may provide any notice to you under the Terms of Service by sending a message to the email address you provided to us when you requested services from us or by posting a notice on the Website. Notices sent by email will be effective twelve (12) hours after the email is sent and notices we provided by posting such notice on the Website will be effective upon posting. It is your responsibility to keep your email address up to date and to periodically check the Website for notices.
The Website is operated by hirechristmaspros.com, LLC, with an address of 8822 Greenfield St Omaha, NE 68136, and phone number of 888-414-7767.