TERMS AND CONDITIONS
These Terms and Conditions (this “Agreement”) are entered into among Find Top Services (as a dba of ETN America Inc, a California corporation) (“Company”), and all visitors to and users of (“you” or “your”) Find-Top-Services.com, any of its subpages, and all related applications, platforms, portals, consoles, call centers, phone services, or interfaces (collectively, the “Website”). This Agreement governs your use of the Website and any subsequent purchase or use of the services or products that are made available on or though the Website (including, without limitation, home improvement services). By visiting Find-Top-Services.com, creating a login account through Find-Top-Services.com, or using other resources provided or made available by the Company to obtain or contact home improvement service providers, you hereby accept and consent to all the terms and conditions set forth herein as well as any and all additional terms and conditions provided on the Website. Even if you do not create an account and/or do not purchase services, and only visit the Website, you are still bound by this Agreement. Certain capitalized terms used herein may be defined either when they are first used or in a separate section of this Agreement.
NOTICE: Company is a platform that connects you with independent third party persons and companies that offer home improvement services. Company does not provide home improvement services and Company does not have any ownership interest in the service providers available on or through the website. Company makes no representations, guarantees, or promises about the quality, reputation, licensed status, insurance status, corporate status, or other characteristics of the service providers available on or through the Website or any phone number or call center that Company may provider. It is Customer’s responsibility to evaluate the reputation and quality of all such service providers and to negotiate the terms pursuant to which you may choose, in your sole discretion, to engage any service provider to provide home improvement services. Any issues, disputes, or controversies arising out of or related to any home improvement services that you may receive are strictly between you and the applicable service provider.
I. OUTLINE OF SERVICES; RESPONSIBILITIES OF PARTIES.
A. Company Responsibilities. Company shall provide Customer with (a) contact information of service providers who advertise the type of services that Customer indicates it is interesting in finding and (b) in some instances, call center services that enable Customer to book appointments with such service providers by interacting with representatives of the Company. Company provides all of the foregoing to Customer “as is” and without any representations or warranties (express or implied).
B. Your Responsibilities. You agree to all of the following:
1. Legal Compliance. You shall comply with all federal, state, local and industry laws, rules, regulations, and requirements applicable to your home and property, and performance of this Agreement, including, without limitation, all laws regarding permits for construction services. Company shall not be liable or responsible for any actions or inactions of you.
2. Protect Account Information. Company is not responsible for any lack of care by Customer to secure its own data (for example, Customer sharing or failing to safeguard Customer’s username, password, or other account information used in connection with the Website, not logging out of Customer’s account for the Website, etc.). For the avoidance of doubt, Customer is responsible for any access to or use of Customer’s account or any person or entity using Customer’s username, password or other account information provided by Company to Customer, whether or not such access or use has been authorized by or on behalf of Customer, and whether or not such person or entity is an employee, agent, or representative of Customer. Customer shall maintain appropriate physical, technical and organizational measures to protect against unauthorized access, use or disclosure. Customer shall: (i) notify Company promptly, in writing, and no later than twenty-four (24) hours following the occurrence of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of Customer’s user name, password, other account information; and (ii) provide all necessary and reasonable cooperation to Company to comply with any laws applicable to such security breach.
3. Refrain from Unlawful and Prohibited Uses. Customer is granted a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to access and use the Website in strict accordance with this Agreement. Customer represents and warrants, as a condition precedent, that Customer will not use the Website for any unlawful or prohibited purpose, whether by law or in accordance with this Agreement. Customer shall not obtain, directly or indirectly, any information that is not made readily available or provided through the Website. Under no circumstances shall Customer attempt to resell any of Company’s content (including, without limitation, service provider contact information). Customer shall not modify, publish, reverse engineer, transmit, create derivative works, or exploit any of Company’s Website or content, in whole or in part. Customer agrees that it shall only use Company’s Website and content to locate and connect with potential service providers with which Customer may choose to contract.
4. Intellectual Property. You shall not make use of Company’s intellectual property. All content included on Website, including, but not limited to, text, graphics, logos, images, and software is Company’s intellectual property or Company’s suppliers, and such intellectual property is protected by copyright, trademark, patent and other laws and regulations that protect proprietary rights. You shall abide by all copyright, trademark, patent and other proprietary notices contained in such content and not alter them in any way. Your use of the Website does not entitle you to any ownership, license to, proprietary or other property rights in or to the Website or any of Company’s intellectual property, nor does it grant you any express or implied license to use Company’s intellectual property except as expressly approved by Company in a signed writing.
5. United States Users. You shall only make use of Website if you can do so in compliance with all United States laws and regulations. If you access the Website from any location outside the United States, you shall be solely responsible for compliance with all relevant international laws and regulations, as well as the laws and regulations of the United States (including federal, state and local laws and regulations in the United States).
6. Customer Assumes Full Responsibility. Customer assumes full responsibility for any and all resulting matters, actions, claims, damages, lawsuits, fines, penalties, assessments, property taxes, liabilities, or the like, whether directly or indirectly, resulting from Customer’s use of the Website, retention of service providers, or the work performed by service providers at Customer’s property. Customer acknowledges and assumes full responsibility for researching, verifying, and ensuring that potential service providers that are listed on Website or otherwise connected with Customer are properly licensed, insured and permitted to provide the services that Customer desires. Customer also acknowledges and hereby assumes that it is Customer’s full and sole responsibility to negotiate, draft a contract, hire, and pay service providers available on or through the Website.
7. Customer’s Assumption of Risk. Client hereby assumes all risks and accepts full responsibility for any and all claims, actions, damages, liabilities, lawsuits, penalties, fines, property taxes, and causes of actions, whether derived under contract law or tort law, and whether directly or indirectly, resulting from Customer’s dealings with Company, Customer’s use of Website or the websites of Company’s affiliates, and the work performed by any service providers with whom Customer may connect on or through the Website.
8. Customer is Informed That Company Is Not Affiliated With And Has No Ownership Interest In Any Service Providers Available Through The Website. Customer understands and agrees that service providers available through the Website or otherwise introduced by Company to Customer have no formal legal relationship with Company or its affiliates. Company does not own, and is not affiliated with, any service providers (whether available through the Website or otherwise). Customer is hereby informed that Company does not investigate or house any information or data on service providers that are referred to Customer, and therefore, Customer waives any rights to pursue any and all causes of actions, whether under contract law or tort law, against Company, and Company’s partners and affiliates.
9. Qualifications. You must be at least eighteen (18) years old to use the Website. You represent that you are of legal age to form a binding contract.
10. Contact. By providing your Personally Identifiable Information (as defined below) to Company, you are consenting to be contacted by Company, its affiliates, and/or third party service providers by telephone, text message, email, text, mail or other methods of electronic communication based on the information you provided to Company (which contact may involve the use of an automatic telephone dialing system to dial or store your phone number), even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. You may have the opportunity to give Company contact information of other individuals that you would like to receive notifications relating to the Website use. Such additional individuals may be required to assent to the terms this Agreement. If you no longer want to receive communications from the Company or an affiliate, you must notify the Company in writing. As used herein, “Personally Identifiable Information” includes, but is not limited to, your name, address, phone number, fax number, email address and credit card information. Notwithstanding the above, Personally Identifiable Information does not include information that is collected anonymously (i.e., without identification of the individual user) or demographic or use information not connected to an identified individual.
II. COMPANY’S RETAINED RIGHTS
By visiting the Website, you consent to all of Company’s retained rights provided under this section.
A. Changes to Terms. Company reserves the right, in its sole discretion, to change or modify the terms of this Agreement at any time. The most current version of this Agreement will supersede all prior versions. The most current version of this Agreement shall be determined by the version of the Agreement made available at https://find-top-services.com/index.php/terms-and-conditions/ or another subpage accessible via Find-Top-Services.com. You acknowledge and agree that it is your responsibility to review and stay up to date on the most current version of the Agreement. If you do not agree to this Agreement or any subsequently updated version of this Agreement, then you must immediately discontinue using the Website. Otherwise, you will be deemed to have assented to this Agreement and any subsequent updates to this Agreement.
B. Right to Restrict or Terminate Access. Company reserves the right to terminate your access to the Website and any other related service, or portion thereof, at any time, and without notice, in Company’s sole discretion, so long as it does not violate any local, state, or federal laws.
C. Right to Share Customer’s Personally Identifiable Information, Use of Website and Services. Company’s responsibilities and obligations under this Agreement are subject to existing laws and regulations, and nothing herein shall preclude Company of the right to comply with any legal, governmental, or court requests relating to your use of the Website or information gathered by Website or Company with respect to such use. Company may share your Personally Identifiable Information with its affiliates or third party service providers in effort to connect you with service providers who may be able to provide the home improvement services that you seek.
III. DISCLAIMERS AND LIMITATION OF LIABILITY
A. DISCLAIMER OF LIABILITY AND WARRANTIES.
1. COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, AND/OR ACCURACY OF THE WEBSITE, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS, SERVICE PROVIDER CONTACT INFORMATION, OR OTHER INFORMATION FOR ANY PURPOSE.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICE PROVIDERS, HOME IMPROVEMENT SERVICES, CONTACT INFORMATION, MATERIALS, AND OTHER DATA PROVIDED AND/OR USED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH SERVICE PROVIDERS, HOME IMPROVEMENT SERVICES, CONTACT INFORMATION, MATERIALS, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ALL CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND/OR ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITY, DAMAGE TO REPUTATION, THIRD-PARTY CLAIMS, PERFORMANCE OF WEBSITE, INABILITY TO ACCESS CUSTOMER ACCOUNTS, FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, HOME IMPROVEMENT SERVICES, GRAPHICS, SERVICE PROVIDER CONTACT INFORMATION, YOUR COMMUNICATIONS WITH SERVICE PROVIDERS, OR THE LIKE, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, FRAUD, OR DIRECT OR INDIRECT CONDUCT REGARDLESS OF WHETHER COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGES.
4. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE HOME IMPROVEMENT SERVICES THAT ARE PROCURED THROUGH THE WEBSITE, AND THE WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED $500.
IF YOU DISAGREE WITH ANY PORTION OF THIS DISCLAIMER OR THE TERMS PROVIDED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE AND REFRAIN FROM USING THE WEBSITE AND ACCESSING ANY SERVICE PROVIDER INFORMATION.
B. Indemnification. Customer shall indemnify, defend, and hold harmless Company, its affiliates, their respective partners, directors, officers, employees, members, managers, shareholders, contractors, representatives and agents against any and all actions, claims, suits, proceedings, liabilities, losses, damages, expenses, and costs (including reasonable attorneys’ fees and related expenses) (each, a “Claim”) which arise from or relate to (a) Customer’s use of the Website, (b) Customer’s use of service provider contact information, Customer’s engagement of any service provider, or the home improvement services that Customer obtains, (c) any misrepresentation, breach or alleged breach of this Agreement (including, without limitation, any representation or warranty contained herein) by Customer, (d) any dispute between Customer and any service provider, or (e) Customer’s violation of applicable law or regulation.
C. Acknowledgment. To the maximum extent permitted pursuant to applicable law, Customer releases Company, its affiliates, and their respective shareholders, officers, directors, employees, independent contractors and representatives (the “Company Parties”) from any and all claims, demands, actions, causes of action, judgments, penalties, settlements, losses and liabilities, whether known or unknown, relating to or arising from (a) any communications from Company, its affiliates, or third party service providers or (b) acts or omissions of third party service providers. In furtherance of the foregoing, Customer waives all rights against the Company Parties, which may exist under California Civil Code section 1542 and/or any similar state or federal law. California Civil Code section 1542 provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
D. Confidentiality. For purposes of this Agreement, “Confidential Information” shall mean all data and information, of a confidential nature or otherwise, disclosed during the term of this Agreement by Company (“Disclosing Party”) to Customer (“Receiving Party”), as well as information that the Receiving Party knows or should know that the Disclosing Party regards as confidential including, but not limited to: (i) service provider contact information, business plans, strategies, know how, marketing plans, suppliers, sources of materials, finances, business relationships, personally identifiable end-user information, pricing, technology, employees, trade secrets and other non-public or proprietary information whether written, verbal, recorded on tapes or in any other media or format; and (ii) any information marked or designated by the Disclosing Party as confidential. The Receiving Party agrees to hold all Confidential Information in trust and confidence and, except as may be authorized by the Disclosing Party in writing, shall not use such Confidential Information for any purpose other than as expressly set forth in this Agreement or disclose any Confidential Information to any person, company or entity, except to those of its employees and professional advisers: (a) who need to know such information in order for the Receiving Party to perform its obligation hereunder; and (b) who have entered into a confidentiality agreement with the Receiving Party with terms at least as restrictive as those set forth herein. Confidential Information shall not include any information that the Receiving Party can verify with substantial proof that: (1) is generally available to or known to the public through no wrongful act of the Receiving Party; (2) was independently developed by the Receiving Party without the use of Confidential Information; or (3) was disclosed to the Receiving Party by a third party legally in possession of such Confidential Information and under no obligation of confidentiality to the Disclosing Party. The Receiving Party agrees that monetary damages for breach of confidentiality may not be adequate and that the Disclosing Party shall be further entitled to injunctive relief, without the requirement to post bond.
E. Representations and Warranties. You represent and warrant that: (i) you have the power and authority to enter into and perform your obligations under this Agreement; and (ii) visiting the Website or creating a login account on Website this Agreement will constitute a legal, valid, and binding obligation of you, enforceable against you in accordance with this Agreement’s terms and conditions.
F. Customer is Based or in Compliance with all United States Laws and Regulations. Customer hereby represents and warrants that it is and shall be in compliance with all federal, state and local laws of the United States in which Customer is transacting business and using home improvement services. Customer understands and acknowledges that Company and Website are intended to be made available to persons that are based in the United States.
IV. CERTAIN DEFINITIONS
Capitalized terms used herein shall have the meanings ascribed to them throughout this Agreement. Certain other terms are defined below:
“Customer” means a person or entity that created a login account on Website. References to “you” and “your” also refer to Customer.
V. MISCELLANEOUS PROVISIONS
A. Entire Agreement. This Agreement, in addition to all terms and conditions provided on Website, embodies the entire agreement and understanding between you and Company on the subjects addressed herein and supersedes all prior discussions, agreements, or understandings between you and Company, whether express or implied. If there are any conflicting terms, the terms of this Agreement shall take precedence.
B. Modification. Except when and if modified by Company by posting a new version of this Agreement to Find-Top-Services.com or the appropriate subpage, which the Company may do at any time, this Agreement may not be modified or amended.
C. Severability. If, for any reason, any provision or partial provision of this Agreement is held invalid, such invalidity shall not affect the remainder of such provision or any other provision of this Agreement not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.
D. Headings. The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be a part of, or to affect the meaning or interpretation of, this Agreement.
E. Waiver. The parties agree that if, and to the extent that, any party does not require strict compliance with the provisions of this Agreement by any other party, that action or inaction shall not constitute a waiver of, or otherwise affect or prejudice in any manner, that party’s future rights or remedies under this Agreement, including the right to subsequently require strict performance of such provisions. No waiver by any party of a breach of this Agreement by any other party shall be deemed to be a waiver of any other breach by that other party (whether before or after and whether or not of the same or similar nature), and no acceptance of payment or performance by any party after any breach by any other party shall be deemed to be a waiver of any breach by that other party, whether or not the first party knows of the breach at the time it accepts such payment or performance.
F. Electronic Signatures. Any other documents to be delivered in connection herewith may be electronically executed in that Customer taking the affirmative action of creating a login account on Website is, in fact, accepting to be bound by this Agreement in its entirety.
G. No Third-Party Beneficiaries. Except for affiliates of Company, which are intended third party beneficiaries of this Agreement, nothing in the Agreement is intended or shall be construed to give any person other than the parties hereto, their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect of the Agreement or any provision contained herein. Each party agrees that due to the unique nature of the Website, and other Confidential Information provided by Company to Customer hereunder, there may be no adequate remedy at law for any breach by Customer of its obligations hereunder, and that any such breach may result in irreparable harm to Company. Therefore, upon any such breach or threat thereof, Company shall be entitled to appropriate equitable relief, including without limitation injunctive relief, in addition to any and all remedies available at law.
H. Notices. Any and all notices, whether voluntary or required under this Agreement, to Company shall be made to:
Find Top Services
Email: info@find-top-services.com
Customer hereby consents that Company may send all notices to Customer, whether voluntary or required under this Agreement, to the email address or any other address that Customer may provide to Company.
I. Governing Law. This Agreement shall be construed under the laws of the State of California.
J. Jurisdiction and Venue. Any dispute, controversy or claim arising out of or relating to the Website, the services available through the Website, or this Agreement shall be settled by binding arbitration by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The arbitration shall be heard by one arbitrator selected in accordance with the Rules, with venue in San Diego County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. All parties waive the right, if any, to any claim that this Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. The arbitrator shall make his or her award no later than thirty (30) calendar days after the close of evidence or the submission of final briefs, whichever occurs later and shall deliver to the parties a reasoned opinion detailing the facts and rationale supporting the award. The decision of the arbitrator(s) shall be final and binding on all parties. Notwithstanding the foregoing, each party to this Agreement and/or visitor to the Website waives the right to arbitrate any dispute as a class action, either as a member or a representative. Class arbitration (including the presiding over any form of a representative or class proceeding) and the consolidation of claims made by more than one plaintiff are both expressly prohibited. The parties hereby agree to arbitrate any dispute solely on an individual basis. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE WEBSITE, HOME IMPROVEMENT SERVICES, OR THIS AGREEMENT. Notwithstanding anything to the contrary, if any party desires to seek injunctive or other equitable relief that does not involve the payment of money, then those claims shall be brought in a state or federal court located in San Diego County, California, and the parties hereby irrevocably and unconditionally consent to personal jurisdiction of such courts and venue in San Diego County, California in any such action for injunctive relief or equitable relief.
K. Privacy. Your use of the Website shall be subject to Company’s Privacy Policy, which governs the Website’s data collection practices. You can find a link to Company’s Privacy Policy at the bottom of the Website or it may be hyperlinked in this Section.
L. Taxes. Any fees are exclusive of any and all applicable taxes, customs, duties, expenses, fees and other charges imposed by any governmental authority (“Taxes and Expenses”), all of which shall be Customer’s sole responsibility. For avoidance of doubt, it is possible that Customer’s use of the Website or home improvement services may result in Customer owing Taxes and Expenses to others (e.g., increase in property tax assessment due to home improvement; permitting fees owed to local government, etc.). Customer will determine whether any such Taxes and Expenses arise and, if they do, Customer will timely pay them to the appropriate party.
M. Relationship. The relationship of Customer and Company is that of independent contractors and nothing in this Agreement is intended to create or shall be construed as creating a relationship of joint venture, partners, employer/employee or principal and agent.
N. Term. This Agreement shall remain in full force and binding on you so long as you have access to Website. This Agreement shall also remain in full force and binding on you for any and all matters, cause of actions, claims, liabilities, or damages relating to services and service providers accessed through the Website, regardless of whether you still have access to Website, for six years after you accessed or were matched with a service provider or home improvement services through Company or Company’s partners or affiliates.