These terms and conditions of use (“Terms”) constitute a legal contract between you and TheHomeFixers (“THF”) and govern your use of this website (including related domains, sites, and mobile applications, the “Site”) and the services provided through the Site (“Services”). YOU MAY NOT USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. PLEASE REVIEW THEM CAREFULLY.
1. Acceptance of Terms
Engaging in any of the following actions will constitute your acknowledgement that you have read and understand these Terms and that you agree to be bound by them:
(i) clicking an “Accept” or similar button or checking a box captioned with acceptance language;
(ii) using or accessing the Site or the Services; or
(iii) signing up for an account on the Site.
If you are using the Site on behalf of a company or other legal entity, the term “you” shall refer to such entity, and the individual accepting these Terms on behalf of such entity represents that he or she has authority to bind the entity to these Terms.
2. Site and Services
THF, through the Site, provides a platform and Service connecting homeowners, renters, and other end users (collectively, “Homeowners”) and service providers including contractors, handymen, and others (collectively, “Contractors”). A Homeowner seeking a Contractor may enter, using a form provided on the Site, his or her information (such as the Homeowner’s name, address, and contact info) to request a referral to a Contractor. Contractors, in turn, may sign up on the Site to request that Homeowners seeking services in Contractor’s field be routed to Contractor in exchange for a fee. THF will provide the Homeowner’s information to Contractor as a lead, and Contractor and Homeowner will be able to connect directly to see if they wish to do business with each other.
These Terms apply to the use of the Site and Services by both Homeowners and Contractors. Any provision in these Terms that does not specify to which of these types of users it applies will apply to all users of the Site or Services.
BOTH HOMEOWNERS AND CONTRACTORS ACKNOWLEDGE AND AGREE THAT THF ONLY FACILITATES THE INITIAL CONNECTION BETWEEN HOMEOWNER AND CONTRACTOR, AND THF IS NOT A PARTY TO ANY AGREEMENT OR ARRANGEMENT MADE BETWEEN THEM. THF DOES NOT ENDORSE ANY HOMEOWNER OR CONTRACTOR, OR THE CONTENT AND REPRESENTATIONS PROVIDED BY ANY PARTY. THF DOES NOT CONTROL THE CONDUCT OF EITHER HOMEOWNER OR CONTRACTOR, OR ANY OTHER PARTY, AND YOU AGREE THAT THF WILL NOT BE HELD LIABLE FOR ANY DISPUTE BETWEEN HOMEOWNER AND CONTRACTOR, OR FOR ANY LOSS OR DAMAGE CAUSED BY OR ATTRIBUTABLE TO EITHER HOMEOWNER OR CONTRACTOR, OR ANY OTHER PARTY.
3. User Accounts
If you register or sign up for an account on the Site, THF will provide you with credentials or keys (such as a user name and password) to access the non-public portions of the Site. You agree not to give these credentials or keys to anyone else or allow anyone else to use or access the private portions of the Site or other protected content. When registering for your account, you must provide true, accurate, current, and complete information about yourself, and you must continue maintain and update the information you have provided so that it remains true, accurate, current, and complete for as long as you continue to use the Site and the Services.
Note that only Contractors are required to register for an account to use the Services. Homeowners may enter their information directly into the fields or forms provided on the Site without creating an account.
4. Fees and Payment Terms
No fees are charged by THF to Homeowners for using the Site to request Contractor referrals. Contractors who sign up for the services are required to keep a valid payment method on file (including a credit card or bank account number, or any other type of payment method THF may accept), which will be used to pay the fees THF charges for sending Homeowner referrals/leads to Contractor (“Referral Fee”). The details of your payment terms, including the frequency and amounts of charges to your account, can be accessed at any time by logging into your account dashboard. All fees are exclusive of taxes, and you agree to be responsible and hold THF harmless for any taxes levied by applicable governmental authorities (including without limitation sales and use taxes and value-added taxes (VAT), where applicable).
If you are a Contractor and you believe that a Homeowner lead sent to you is fraudulent, you must send us a notice in writing within five (5) days after receipt of the lead detailing your reason and evidence for such belief. We will conduct our own investigation of the matter and if we determine to our satisfaction that your claim is valid, we will send you a replacement lead free of charge. Under no circumstances will we issue a cash refund or credit based on a complaint regarding a lead, and except as expressly set forth in these Terms, all Referral Fees paid to THF hereunder are non-refundable and non-cancelable. You acknowledge and agree that payment of a Referral Fee does not guaranty that a lead will generate business or revenue for Contractor.
5. Site Contents
Ownership. The Site and its content contain valuable intellectual property of THF, including patent rights, copyrights, trademarks, service marks, trade dress, and trade secrets. All rights not expressly granted in these Terms are exclusively reserved to THF.
Confidentiality. In the course of using the Site or the Services, you may be exposed to information of a confidential or proprietary nature belonging to THF, such as (by way of example only) information regarding the Services or related technology, or information regarding THF’s business, financial, or marketing activities. You agree that you will not disclose any such information to any third party without THF’s express consent, and that you will not use such information except as expressly authorized by THF.
User-Submitted Content. The Site includes interactive portions in which you and other users (whether Contractors or Homeowners) can submit images, audio or visual content, reviews, posts, comments, messages, links, favorites, or the like. You understand that such content may be made available to other users or the public. You acknowledge, understand, and agree that we are not responsible for content posted by any user, including content that violate these Terms, and you browse the Site at your own risk. The display of user-submitted content on the Site does not constitute an endorsement of such content or the user. You remain responsible and liable for any content you submit using the Site. You may not submit any content that is offensive, threatening, harmful, infringing of another’s proprietary rights, unlawful, or otherwise objectionable in THF’s sole discretion. By submitting content, you represent and warrant that such content is truthful, accurate, and complete in all respects, that it does not violate these Terms, and that you have adequate rights to submit such content. You also warrant (or warrant on behalf of the owner of such rights) that all confidentiality and moral rights in the submitted content have been waived. THF respects copyright laws and will remove the content of, or deny access to, any user that is found to be uploading infringing content.
Your Content. For any content you post to any public area of the Site or communicate to us as feedback or suggestions regarding the Site or Services (excluding personal information submitted during account registration and confidential payment information), you grant us an unrestricted nonexclusive, perpetual, royalty-free, irrevocable, transferable, worldwide right and license to use, reproduce, modify, adapt, translate, display, publish, transmit, and distribute such content in any form, medium, or technology now known or later developed, without further compensation, consideration, attribution, or notice, including to incorporate your comments or suggestions into future versions of our Site, services, or product catalog, and/or to share your communication (not including your personally identifiable information) with others.
6. Prohibited Conduct
You may not:
modify, alter, reverse engineer, or create derivative works of this Site or its contents;
distribute to third parties or publically display the Site contents or use any portion thereof for commercial purposes, except as expressly authorized;
copy, download, use, or distribute (whether or not for commercial purposes) any other user’s personal information or any list or directory of users, except as expressly authorized;
send other users of the Site spam, surveys, contests, chain letters, pyramid schemes, or other unsolicited bulk or junk messages;
remove, modify, or obscure any copyright, trademark, or other proprietary notice;
attempt to (i) gain access to any portion of this Site for which you do not have authorized access, (ii) interfere with or interrupt the operation of this Site (including without limitation through denial of service attacks), or (iii) harm any user of this Site, through hacking, data mining, the use of viruses or other malware, or any other means; or
otherwise use or access this Site, its contents, or any connected network, system, or database, in any way not authorized by these Terms or in violation of any law.
You agree that you remain responsible for the content that you submit or send using the Site. You agree to defend and hold harmless THF and its affiliates, and their employees, contractors, directors, managers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising from or in connection with any claim, suit, or action arising out of or relating to (i) your content; (ii) your use of the Site or Services; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site or Services; (iv) any property damage or personal injury caused by you; or (v) your breach of these Terms.
8. Disclaimer of Warranty
THE SITE AND ALL CONTENT THEREIN, AND ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. THF AND ITS SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, SUPPORT, TIMELINESS, SAFETY, OR PERFORMANCE WITH RESPECT TO THE USE OF THE SITE OR ITS CONTENT. THF MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET USER’S NEEDS OR BE ERROR FREE OR ACCURATE. ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED HEREIN WILL NOT BE ENFORCEABLE.
9. Limitations of Liability
BY CONNECTING WITH OTHER USERS OF THE SITE AND/OR SERVICES, YOU EXPRESSLY AGREE THAT YOU ASSUME THE COMPLETE RISK OF ENGAGING WITH A PARTY THAT THF DOES NOT ENDORSE OR CONTROL. YOU AGREE THAT THF WILL NOT BE LIABLE FOR ANY AGREEMENT BETWEEN A HOMEOWNER AND A CONTRACTOR, OR FOR ANY DAMAGE CAUSED BY ANY USER OF THE SITE OR SERVICES (WHETHER A HOMEOWNER, A CONTRACTOR, OR ANY OTHER PARTY).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THF WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER THF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THF’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. Changes to the Site or these Terms
The Site and any of its features or content are subject to change from time to time. These Terms may be amended upon thirty (30) days’ prior written notice to you. You will have the opportunity to review and accept any modified Terms. If you do not accept the modified Terms, we may terminate your access to the Site and/or Services.
12. Governing Law
This Site originates from the State of Israel. THF makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site. You may not access, download, use or export materials posted to the Site in violation of the export laws or regulations applicable to your or our jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the conflicts of laws provisions thereof. Any action or proceeding arising out of or relating to these Terms must be brought exclusively in a court located in Tel Aviv, Israel. Each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any such action or proceeding.
These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and the Services, and supersedes and merges all prior discussions between the parties. The rights and remedies provided to THF in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity. You may not assign or delegate your rights or duties under these Terms without THF’s express prior written consent. THF may assign or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party’s permitted successors and assigns. In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable. The parties are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between the parties, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party. Headings herein are for convenience of reference only and shall not affect interpretation of these Terms.