ONLINE TERMS AND CONDITIONS
Home Improvement Helpers (HIH) provides home improvement leads to third-party remodeling contractors. HIH is not responsible and does not guarantee any outcomes from these remodeling contractors. Services may not be available in all states so please call or check our website for details.
This Agreement contains a binding arbitration agreement, which provides that you and HIH agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this Agreement.
AGREEMENT BETWEEN USER AND HIH
The HIH Internet site (https://homeimprovementhelpers.biz) is comprised of various Web pages operated by HIH.
The HIH Internet site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HIH Web Site constitutes your agreement to all such terms, conditions, and notices.
HIH reserves the right to change the terms, conditions, and notices under which the HIH Internet site is offered, including but not limited to the charges associated with the use of the HIH Internet site.
LINKS TO THIRD PARTY SITES
The HIIH Internet site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of HIH and HIH is not responsible for the contents of any Linked Site. This includes without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HIH is not responsible for webcasting or any other form of transmission received from any Linked Site. HIH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HIH of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HIH Internet site, you agree that you will not use the HIH Internet site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HIH Internet site in any manner which could damage, disable, overburden, or impair the HIH Internet site or interfere with any other party’s use and enjoyment of the HIH Internet site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HIH Internet site.
RESPONSaBiLity FOR YOUR Business DECISIONS
HIH and our affiliates remodeling contractors (Service Providers), may provide a venue through which you can obtain information and home remodeling project quotations. We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. We urge you to obtain the advice of qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
HIH does not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. HIH does not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available.
USE OF COMMUNICATION SERVICES
The HIH Internet sites may contain chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of other’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
HIH does not have an obligation to monitor the Communication Services. However, HIH reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HIH reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
HIH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part at HIH’ sole discretion.
HIH does not control or endorse the content, messages or information found in any Communication Service. HIH disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
MATERIALS PROVIDED TO NEXUS
HIH does not claim ownership of the materials you provide to HIH. including feedback, post, upload, or submit to any HIH Internet site or its associated services (“Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HIH, its partners and third-party providers permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission. HIH is under no obligation to use any Submissions you may provide and may remove any Submission at any time at HIH’s sole discretion. By providing HIH Submissions you warrant and represent that you own or otherwise control all of the rights to your Submission
- Mobile Devices -By subscribing to HIH you consent to receive electronic communications from HIH in electronic form, via email, Short Message Service (“SMS Service”) or wireless internet (“WAP Service”) and may be sent via automatic telephone dialing systems which may use pre-recorded messages. If you designate to receive electronic communications via your mobile device, you agree to receive messages and understand your carrier’s standard rates apply to any messages sent from HIH. You represent you are the owner or authorized user of the mobile device on which messages will be received, and that you are authorized to approve any applicable charges. You may opt out of receiving messages to your mobile device at any time by notifying us at firstname.lastname@example.org or you can click the “Opt-out” link on the bottom of the email.
- Data Security – SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. HIH does not guarantee your use of the SMS or WAP Services will be private or secure, and HIH will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service. You acknowledge and agree HIH may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HIH INTERNET SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERE. HIH AND ITS THIRD-PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HIH INTERNET SITE AT ANY TIME. ADVICE RECEIVED VIA THE HIH INTERNET SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HIH AND/OR ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THE HIH INTERNET SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIH AND ITS THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HIH reserves the right, in its sole discretion, to terminate your access to the HIH Internet Site and the related services or any portion thereof at any time, without notice. GENERAL. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S. and you hereby consent to the exclusive jurisdiction and venue of courts in Charlotte, North Carolina, U.S. in all disputes arising out of or relating to the use of the HIH Internet Site. Use of the HIH Internet Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NEXUS as a result of this agreement or use of the HIH Internet Site. HIH performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HIH’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HIH Internet Site or information provided to or gathered by HIH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HIH with respect to the HIH Internet Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HIH with respect to the HIH Internet Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
HIH, and the HIH logo are trademarks, trade names or service marks of Home Improvement Helpers or its related companies. All other trademarks and service marks are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on the HIH Internet Site without the prior written consent of HIH or the owner of such trademark or service mark.
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorney’s fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
HIH reserves the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted in this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You and HIH agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Applicable Law: You agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and HIH, except as otherwise stated in this Agreement.
You and HIH each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and HIH (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).
You and HIH agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), or, by separate mutual agreement, at another arbitration institution. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
Class Action/Jury Waiver: You and HIH agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and HIH agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree to waive the right to a trial by jury for all disputes.
If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 1.3, above, is found to be unenforceable, then all of Section 1 will be null and void as to that Dispute.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor HIH can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first began using this Site subject to these arbitration terms or changes to them, either by U.S. mail delivered to: Attn: Legal Department, Home Improvement Helpers, 14335 Wynhollow Downs Lane #221, Charlotte, NC 28277 or by email delivered to email@example.com. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
This Agreement to Arbitrate will survive the termination of your relationship with us:
- Unless you and HIH agree otherwise, if you opt out of the Agreement to Arbitrate, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in North Carolina. You and we agree to submit to the personal jurisdiction of the courts located within North Carolina for the purpose of litigating all such claims or disputes.
- Notwithstanding any provision in the Agreement to the contrary, you and HIH agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.