Terms & Conditions
HOMEQ Terms and Conditions This Website and the services of HomeQ (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by HomeQ (including but not limited to homeqpros.com, the HomeQ website and app, and collectively referred to herein as "HomeQ," on which a link to these Terms & contact us at www.homeqpros.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on October 28, 2019. IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19. 1. INTRODUCTION TO HOMEQ Upon registration, you may choose your own password or HomeQ will assign you a password to access the Services through the HomeQ website or apps. 2. THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12) At HomeQ we are committed to making your total HomeQ experience a positive one. There are several ways you can find service professionals through HomeQ (collectively, "Service Professionals"). Call a Pro is our service where you request a call from a pro for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Reviews), a directory of Service Professional members along with their ratings and reviews. a. Instant Call A Pro. With Call A Pro you can request that HomeQ connect you with a service professional by phone as soon as possible. b. Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeQ website. Please be aware that HomeQ does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeQ. HomeQ is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals. c. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. HomeQ does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of HomeQ, nor is HomeQ an agent of the Service Professionals. HOMEQ Terms and Conditions d. No Contracting via the HomeQ Website. HomeQ may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeQ does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeQ or apps, or which you find on the HomeQ or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeQ. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeQ. To contract with a Service Professional, you must work directly with the Service Professional. HomeQ does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. HomeQ is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements. e. Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeQ on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeQ (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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 SERVICE PROFESSIONALS. 3. YOUR USE OF THE HOMEQ SERVICES AND PROHIBITED USES You acknowledge and agree that your use of HomeQ is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeQ content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeQ to recreate or compete with HomeQ, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeQ for any such damages, and will indemnify HomeQ in the event of any claims against HomeQ based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeQ Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeQ in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeQ services or system, or are using or attempting to use them for any inappropriate or non- personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, HomeQ reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. 4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT Upon using HomeQ, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, including HomeQ, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, including HomeQ, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, HOMEQ Terms and Conditions at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeQ to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeQ or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeQ website, communications concerning promotions run by us, and news concerning HomeQ and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeQ and/or a Service Professional and thus agree to be contacted by HomeQ and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeQ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeQ has the right to refuse any current or future use of the HomeQ Services (or any portion thereof) by you. You are responsible for any use of the HomeQ Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeQ at any time. You may opt-out of receiving all text (SMS) messages from HomeQ (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeQ or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeQ use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeQ. During this process, HomeQ and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeQ use and disclosure of this call data for its legitimate business purposes. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HomeQ AND THE SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE HOMEQ Terms and Conditions TO FULLY INDEMNIFY AND BE LIABLE TO HomeQ AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF HomeQ AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER. DISPUTE RESOLUTION ASSISTANCE While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeQ resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeQ Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeQ resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeQ is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. 5. CALL RECORDING You acknowledge and agree that HomeQ may monitor and/or record any telephone calls between you and HomeQ. 6. USER GENERATED CONTENT You agree that all of the content and information posted by you or your agents or designees on HomeQ, including but not limited to: a. Photographs or Images, b. Comments, Questions and/or Answers, c. Any other content (known collectively as "Content") is the sole and exclusive property of HomeQ, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. c. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and HOMEQ Terms and Conditions release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. d. Grant of License. You hereby grant HomeQ and its users a perpetual, non-exclusive, royalty- free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeQ and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. e. Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeQ, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeQ the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. f. Content Guidelines. HomeQ reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeQ owned or operated websites or apps if HomeQ determines (in its sole discretion) that such content contains or features any of the following: III. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.) IV. References to illegal activity. V. Language that violates the standards of good taste or the standards of this Site. VI. Statements that are or appear to be false. VII. Comments that disparage HomeQ. VIII. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following: 1. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet"). 2. Comments concerning a different Service Professional. 3. Information not related to work requested in the service request. 4. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request. HOMEQ Terms and Conditions g. Ratings Explanation. Where HomeQ Service Professionals are displayed, the star rating is calculated based on a conversion of their HomeQ List letter grade as follows: 0-4 Stars 2. SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES) Unless otherwise noted on the screening tab of a Service Professional's profile page, Homeqpros.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: Licensing - We confirm that a prospective new SP business has any applicable required statelevel trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeQ relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license. g. State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located. h. Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeQ network and every two years thereafter. HomeQ’s third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY. i. Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home. j. Identity Verification (Social Security Number) - HomeQ verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.) HOMEQ Terms and Conditions k. Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeQ network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located. 7. WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER) 8. NOTE: HOMEQ PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEQ NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEQ CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEQ IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU. 9. Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeQ does not screen the Corporate Accounts or Corporate SP's. 10. Service Professionals Profiles: HomeQ allows Service Professionals to post profiles about themselves and their business on the HomeQ or apps. HomeQ does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeQ therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information. 11. The above procedures may change from time to time at the sole discretion of HomeQ. HomeQ believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeQ network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeQ does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that HomeQ checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources. 12. DISCLAIMER: HOMEQ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. HOMEQ Terms and Conditions 2. AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to HomeQ. These service professionals have NOT been screened by HomeQ using the screening set forth in Section 10. Rather, these service professionals have been screened as follows: HomeQ will only display HomeQ listing Service professionals that Have an Overall "A" or "B: rating from member reviews; g. Have passed all background checks established by HomeQ (as described below); h. Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and i. Are in good business standing with HomeQ. HomeQ has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2). ABS will provide HomeQ with only a pass or fail designation. HomeQ and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. HomeQ will investigate any information we receive regarding a company's background. While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire. 2. FIXED PRICE SERVICES HomeQ, provides certain services labeled "Fixed Price." Through Fixed-Price, you will pay for your home service or Call-A-Pro service upfront and book the time and date of your service through our secure online or mobile portal. You agree we are specifically authorized to charge the credit card you provide us for all services including Call-A-Pro at published rates per minute. As a contractor, you specifically agree we may charge the credit card on file a recurring monthly subscription at the amount determined at sign-up or any service upgrade in the future. HOMEQ, THROUGH THE HOMEQ PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY HOMEQ Terms and Conditions FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER. g. SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10). For Fixed Price Services, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. Checkr's Background Check Process Checkr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches: IDENTITY VERIFICATION Social Security Number (SSN) verification is the most efficient way to verify these potential service professional's identities. If an identity cannot be verified, the Checkr system alerts these potential service professionals to request additional documentation. ADDRESS HISTORY Checkr's Identity Check includes a trace of all known domestic addresses over the past seven years. Based on this information, Checkr searches relevant court jurisdictions for the same time period. Criminal Records Check COUNTY CRIMINAL RECORDS CHECK Checkr performs direct searches of county court records. Results include felony and misdemeanor criminal cases as well as, charges, disposition, dates and sentencing information. NATIONAL CRIMINAL RECORDS CHECK This check scours over 30 million records and is run concurrent with the county criminal records check. GLOBAL WATCHLIST CHECK This check searches known domestic and international terrorist watchlists as well as the records of the Office of Inspector General (OIG), Excluded Parties List (EPL) and additional domestic and international agency lists. HOMEQ Terms and Conditions SEX OFFENDER REGISTRY CHECK Checkr searches registries for every state. In certain states, the information publicly available does not include all registered sex offenders and may not include all out-of-state sex offenders, depending on variations in state law. Review & Activation For Fixed Price Services, we review the background checks in compliance with applicable law before determining whether such applicant should be activated to use the platform. Payments. Users of the HomeQ Platform for Fixed Price Services purchased and paid for on the HomeQ website, contract for Professional Services directly with other Users. HomeQ is not a party to any contracts for Professional Services. The HomeQ Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with individuals seeking to provide services ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeQ Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the HomeQ Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeQ Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeQ (or a third-party payment processor on HomeQ’s behalf) permission to charge your on- file credit card, debit card, or other approved methods of payment for fees that you owe HomeQ. Depending on the transaction you selected or services requested, HomeQ may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeQ at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeQ. Requesters must notify HomeQ by changing the date or hours of the requested Professional Service through the HomeQ Platform. All Payments by Requesters must be made through the HomeQ Platform. Any Payments paid or Professional Services scheduled outside of the HomeQ Platform are not subject to our HomeQ Happiness Guarantee in Section 12.d. below. Except for the HomeQ Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeQ’s income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HOMEQ Terms and Conditions HomeQ or third parties, then HomeQ may withhold any payments to you for as long as we determine any related risks to HomeQ or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you. I. Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein. II. Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeQ platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non- promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. HomeQ cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the HomeQ Contact Center at https://www.homeqpros.com/contact/or by mailing a notice of cancellation to Flagd Mobile, Inc. Attn.: Legal, 3 Village green North #311 PMB 287, Plymouth, MA 02360. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel. 2. RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeQ. HomeQ disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeQ does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. 3. ARTICLES AND OTHER CONTENT HomeQ provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeQ or apps, and via mobile applications owned and operated by HomeQ. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. 4. LINKS TO THIRD PARTY SITES The links in the HomeQ or apps will let you leave HomeQ's Web site. The linked sites are not under the control of HomeQ and HomeQ is not responsible for the contents or functionality of any HOMEQ Terms and Conditions linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeQ is not responsible for webcasting or any other form of transmission received from any linked site. HomeQ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeQ of the site. 5. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS HomeQ respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@Homeqpros.com. 6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeQ server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeQ. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeQ or apps or any other HomeQ owned, operated, licensed or controlled site. Elements of the HomeQ or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeQ web Site may be copied or retransmitted unless expressly permitted by HomeQ. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEQ AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEQ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEQ WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEQ AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. 7. INDEMNIFICATION YOU AGREE TO INDEMNIFY HOMEQ, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE HOMEQ SERVICES IN CONNECTION WITH THE HOMEQ WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF HOMEQ Terms and Conditions THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. 8. AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW The exclusive means of resolving any dispute between you and HomeQ or any claim or controversy arising out of or relating to use of this Website and/or HomeQ's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association in Boston, MA, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeQ any class action, class arbitration, or other representative action or proceeding. *NOTICE OF RIGHTS* g. By using the Website and/or HomeQ’s services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeQ. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. h. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeQ may be commenced only in the federal or state courts located in Plymouth County, Massachusetts. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. i. These Terms and Conditions, and any dispute between you and HomeQ, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. 9. GENERAL PROVISIONS You acknowledge and agree that the HomeQ Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeQ's sole obligation to you or any third party for any claim arising out of your use of the HomeQ Services or the HomeQ or apps, is that you are free to discontinue your use of the HomeQ Services or the HomeQ or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeQ EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeQ SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY HOMEQ Terms and Conditions CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HomeQ’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HomeQ to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Massachusetts. You agree to submit to jurisdiction in Massachusetts and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Plymouth County, Massachusetts. These Terms and Conditions constitute the entire agreement between you and HomeQ and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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