Terms of Use
Last updated on 09.08.2024
These Terms of Use ("
Terms") outline important details about your legal rights and obligations as a user of our service, available at
http://www.homeshowerexpert.com (the "
Service"). This Service allows you to request repairs or renovations and find contractors.
If you do not agree with these Terms, please refrain from using the Service.
The handling of personal data related to your use of the Service is detailed in our Privacy Notice.
If you have any questions or comments regarding these Terms, please
contact us.
Entire Agreement
In Brief: This agreement is between homeshowerexpert.com and the users of the Service. By using the Service, you agree to abide by these Terms and all applicable laws and regulations.
These Terms, along with any operating rules and policies posted on our website, including the Privacy Notice, constitute the entire legally binding agreement governing your use of the Service between homeshowerexpert.com and you, the Homeowner, who is seeking repairs or renovations and a contractor.
"Contractors" refers to legal entities that provide repair or renovation services to Homeowners.
By using the Service, you represent and warrant that you:
- Have read, understood, and agreed to be legally bound by these Terms in full;
- Are eligible to enter into this agreement and have no restrictions on using the Service according to your local jurisdiction;
- Are 18 years of age or older (if not, you may use the Service only with a parent or guardian's involvement);
- Own the property or have authorization from the owner to perform repairs or renovations;
- Comply with these Terms and all applicable laws and regulations.
A printed copy of these Terms will be accepted in legal or administrative proceedings related to the use of the Service, just like other business documents and records originally created and maintained in printed form.
homeshowerexpert.com Services for Homeowners
In Brief: The Service provided by homeshowerexpert.com helps Homeowners find Contractors who offer renovation services. You can request renovations, and we will connect you with a suitable Contractor.
To request renovations, Homeowners must provide all necessary details on the Service, including location, type of services needed, and contact information. After submitting your request, you will receive a confirmation email with a summary. The information will be automatically forwarded to the relevant Contractors and cannot be changed or canceled through the Service.
While our managers strive to oversee the service process provided by Contractors, homeshowerexpert.com is not involved in the actual service provision and does not guarantee that services will be provided. Contractors are responsible for communicating with Homeowners, agreeing on service terms, and resolving any disputes that may arise from the renovation services.
All Contractors who contact you through our Service are our clients. Please inform us if Contractors attempt to deceive us by providing false information about not delivering repairs or renovation services.
Intellectual Property
In Brief: All materials and intellectual property rights related to the Service are owned by homeshowerexpert.com or are used with the owner's consent. We grant you a limited license to use the Service and its Content only as described in these Terms. Any attempts to breach these restrictions will result in termination of your Service access and potential legal actions. You may also upload your content, granting homeshowerexpert.com certain rights to display and share the content you post.
homeshowerexpert.com Content
The Service is managed and operated by homeshowerexpert.com.
All materials in the Service, including data, text, graphics, charts, information, images, drawings, trademarks, logos, videos, sounds, music, software, games, scripts, characters, and other materials (collectively, the "Content"), and all copyright and intellectual property rights related to such Content, are owned by homeshowerexpert.com or used with permission.
Subject to your compliance with these Terms, homeshowerexpert.com grants you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to use the Service and its Content on your devices as described in these Terms.
Under this license, you may not:
- Use any robot, spider, automated tool, or manual process to monitor, copy, or "scrape" web pages or the content of the Service for any unauthorized purpose without our prior written consent;
- Avoid, bypass, disable, impair, or circumvent any technological measures implemented by the Service to protect its functionality;
- Probe, scan, or test the vulnerabilities, security, or authentication measures of the Service or any network connected to it;
- Use the Service for illegal activities;
- Harass, threaten, impersonate, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with homeshowerexpert.com, or otherwise attempt to deceive others;
- Alter or remove any ownership notices from materials downloaded or printed from the Service.
Any attempt to violate these Terms or the rights of homeshowerexpert.com is considered a breach. If you violate any of these restrictions, your access to the Service will be reviewed and possibly terminated, and you may face legal actions and damages.
User Content
You may post comments and feedback, including trademarks, logos, trade names, texts, images, designs, graphics, icons, files, or other materials and information ("User Content"). Be aware that any User Content you contribute through the Service will be visible to other users. You retain ownership of your User Content and information that you submit or post.
By submitting User Content, you grant homeshowerexpert.com a limited, revocable, non-exclusive, sublicensable, transferable, royalty-free, perpetual, worldwide license to access, use, copy, modify, distribute, publish, reproduce, prepare derivative works of, store, cache, and otherwise fully exploit the User Content without further consent, notice, or compensation to you or others.
You can terminate this license at any time by deleting your User Content. However, the license and permissions for User Content that has been previously downloaded or used will remain in effect for those users.
By creating or publishing User Content, you represent and warrant that:
- The creation, distribution, downloading, or copying of such User Content does not infringe on any third-party rights;
- You have the necessary licenses, rights, consents, releases, and permissions to use your User Content in accordance with these Terms;
- You are solely responsible for any personal data included in your User Content (such as names, addresses, pictures of individuals, contact details, bank information, etc.).
You are prohibited from using the Service in any manner not expressly permitted by these Terms, including but not limited to:
- Publishing content that includes pornography, sexually explicit material, offensive language, or content that promotes racism, hatred, or physical harm against individuals or groups;
- Sending spam or collecting personal information about users, such as names, phone numbers, addresses, or emails, without their prior consent;
- Engaging in activities, submitting content, or promoting information that is false, misleading, illegal, or abusive, including threats, obscenity, defamation, or libel;
- Harassing, threatening, intimidating, impersonating others, falsifying contact details, or misrepresenting any relationships, including with homeshowerexpert.com;
- Posting irrelevant content or spamming ("off-topic" posts), or regularly publishing meaningless information ("flooding");
- Promoting advertisements, contests, sweepstakes, or pyramid schemes without our prior written consent;
- Using automated means or manually copying content, or collecting users' personal data without our prior written consent;
- Overloading the Service with excessive amounts of data that disrupt its functionality, security, or access for other users;
- Probing, scanning, or testing the vulnerabilities of the Service or its connected networks.
Homeshowerexpert.com may, but is not obligated to, monitor or control content and makes no representations or warranties regarding any content.
Warranties and Disclaimers
In Brief: The Service is provided "as is". We make no promises regarding the Service or its Content. If the Service malfunctions, we will make every effort to restore its proper operation.
The Service is provided "as is".
Except as otherwise provided in these Terms, homeshowerexpert.com disclaims all other warranties regarding the Services, its features, and Content to the fullest extent permitted by law, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party intellectual property rights.
Homeshowerexpert.com does not guarantee that the Service will be uninterrupted, secure, or free of defects.
Homeshowerexpert.com does not provide any promises or guarantees for services rendered or accepted by Contractors. If Contractors refuse to provide services or you have issues with service results or payments, homeshowerexpert.com will not be involved in such disputes. We also do not guarantee immediate fulfillment of requests, as this depends on the type of repairs and the Contractors available.
Limitation of Liability
In Brief: You are responsible for using the Services in compliance with these Terms and applicable laws. Homeshowerexpert.com's liability is limited, so please read this section carefully to understand what to expect.
Homeshowerexpert.com is not responsible for inaccuracies or incompleteness of any information, materials, or Content available through the Services.
You are solely responsible for ensuring that your use of the Service complies with applicable laws, regulations, and third-party terms.
Contractors are fully responsible for their employees' actions, including any damages, crimes, or other wrongful acts against Homeowners and their property during service provision.
Homeshowerexpert.com, its subsidiaries, directors, partners, employees, contractors, or agents are not liable for direct or indirect damages, including incidental, special, punitive, or consequential damages, arising from your use or inability to use the Services, including damages resulting from the use of information or Content provided through the Services or from errors, omissions, interruptions, or viruses, even if homeshowerexpert.com has been advised of the possibility of such damages.
The above limitations of liability do not apply where prohibited by law.
If any part of the warranty disclaimers or liability limitations is found to be invalid or unenforceable, or if we are otherwise found liable, our total liability for all claims under such circumstances shall not exceed the total amount of payments made by you to homeshowerexpert.com within the year preceding the claim.
Indemnification
In Brief: If you violate these Terms, misuse the Service, or infringe any laws or third-party rights, you agree to indemnify and defend homeshowerexpert.com.
You agree to defend, indemnify, and hold harmless homeshowerexpert.com, its subsidiaries, directors, partners, employees, contractors, and agents from any and all claims, damages, losses, and expenses, including reasonable legal fees, arising from: (i) any breach of these Terms by you, (ii) your use or misuse of the Service and/or Content, (iii) any violation of law or third-party rights, or (iv) any claims or complaints from Contractors regarding their services or wrongful acts.
We reserve the right to manage our legal defense as we see fit, including in cases where you are indemnifying us. You agree to cooperate with us in our defense strategy.
Applicable Law and Jurisdiction
In brief: We aim to resolve any issues amicably. However, if a serious dispute arises, it must be resolved through the American Arbitration Association.
Unless prohibited by applicable law, and without limiting any statutory consumer rights, you agree that any dispute, conflict, claim, or controversy arising directly or indirectly from the Service or these Terms, including their validity, interpretation, or enforceability, will be resolved through amicable negotiations with the homeshowerexpert.com team in good faith and cooperation.
If negotiations do not reach a consensus, any dispute or claim related to these Terms or their breach will be settled by arbitration administered by the American Arbitration Association, following its Consumer Arbitration Rules. The arbitrator's award may be entered into any court with appropriate jurisdiction.
Claims will be heard by a single arbitrator. The arbitration will take place in Philadelphia, Pennsylvania, and will be governed by the laws of the State of Delaware. Each party will cover its own costs and an equal share of the arbitrator's and administrative fees. The arbitrator's award will include a reasoned opinion. Except as required by law, neither party nor the arbitrator may disclose the existence, content, or outcome of the arbitration without written consent from both parties.
Electronic Communications
In brief: We use email to communicate with our users, including sending updates, recommendations, and information about the Service. You can unsubscribe from commercial emails at any time by following the instructions provided in those emails.
By using the Service and providing your contact information, you agree to receive electronic communications from us via email about (i) your use of the Service and (ii) updates to the Service and these Terms.
You can unsubscribe from commercial emails by following the instructions included in those communications.
For details on how we process personal data, please refer to our Privacy Notice.
Third-Party Websites and Services
In brief: Some features of the Service depend on third-party services beyond our control, and we cannot guarantee their uninterrupted operation. Some Service features may be compatible with third-party websites and services, but we cannot ensure their constant availability.
You acknowledge that third-party websites, services, and content may have different terms of service and privacy policies. homeshowerexpert.com is not responsible for any losses, damages, or liabilities arising from your interactions with these third parties.
Other Terms
We may transfer our rights and obligations under these Terms to a third party without affecting your rights or our obligations.
We reserve the right to modify these Terms at our sole discretion. If significant changes affect your use of the Service, we will notify you via email before the changes take effect. Continued use of the Service constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain valid and enforceable.
Questions and Contact Information
For any questions or comments about these Terms of Use or the Services, please contact us at: