homeyou Pro Terms and Conditions
Effective Date April 12, 2017
You may notice in the following documentation that some words may be used interchangeably to describe the same party or parties. homeyou is the entity that connects homeowners to contractors. At times homeyou may be referred to as “we” or “our.” The homeyou Pro is the contractor who has subscribed to purchase leads from homeyou, Inc. At times the homeyou Pro may be referred to as “the subscriber,” “you,” “he/she, “and “contractor.” A customer is the homeowner looking for services to be rendered on their property or property they are responsible for managing. At times the customer may be referred to as “homeowner” or “client.”
Agreement to Terms
Please read the terms thoroughly and carefully. By using the homeyou platform you agree to be bound by these terms. If you do not agree to the terms, then you may not access or use the homeyou platform.
Please note that these Terms include a disclaimer of liability, binding arbitration and class action waiver, a disclaimer of warranties, as well as a release and indemnification by you.
Changes to Terms
Homeyou reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Any changes to the Terms will be effective immediately upon posting. Please note that your continued use of the services after such changes will constitute acceptance and agreement to such changes. Please review the Terms each time you use homeyou services.
You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the homeyou Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, "you" and "your" will refer to both you and that entity.
Services homeyou Provides
Homeyou connects homeowners and service providers of all types. Homeyou provides homeowners with resources about project costs, discover inspiring home projects, and helps them select a Pro based on characteristics that matter most to them. Homeyou helps Pros increase their online presence, showcase their work, and connect with homeowners and others in need of their services.
When a homeowner submits a request for an estimate or service on a homeyou web property, homeyou sends that request to up to three subscribing homeyou Pros, who match the location of the request and who specified they cover the service requested by the homeowner. Homeyou will do its best to gather as much accurate information regarding the potential client. The subscriber will be charged for the lead, at the instance that (s)he receives the lead information from homeyou.
What the homeyou Pro Agrees to
The Pro agrees to all terms and conditions presented in this document. This agreement extends to the Pro’s business, employees, or any third party entities they may employ to assist or perform the agreed work.
The Pro agrees to carry themselves professionally, maintain good rapport, and to complete the agreed work, within the constraints of the arranged timeframe, accurately and safely.
The Pro agrees to be fully licensed, insured, and have satisfied all requirements necessary to operate in the designated occupation, in accordance with the laws of the states the Pro operates in.
The Pro agrees to contact homeyou’s customer support to dispute any charges. The Pro agrees to not dispute any charges through their Credit Card Company or bank. If the Pro fails to comply with this agreement (s)he will have their account suspended. In order to have the account reinstated the Pro will be charged the original lead cost, any fee homeyou may have incurred from the dispute, and a $50 service charge.
The Pro acknowledges that the extent of the services homeyou provides is sending the Pro service request information that is submitted by a homeowner. There is no stated or implied guarantees that these requests will lead to the homeowner hiring the Pro for any job or signing a contract of any kind. It is up to the homeowner which homeyou Pro they hire, if any, for their project.
Charges and Fees
Buying Shared Leads
The Pro may participate in buying shared leads, which allows the Pro to be one of up to three contractors from the homeyou network that receive the lead. If the Pro decides to participate in buying shared leads, they agree and understand they will be charged at the instance that they receive the homeowner information and this agreement is not contingent on the Pro getting the job/contract with the homeowner.
Buying Exclusive Leads
homeyou may offer the Pro an opportunity to participate in purchasing exclusive leads, which allows the subscriber to be the only Pro in the homeyou network who will receive that specific homeowner’s information (once purchased). If the Pro decides to participate in purchasing exclusive leads, (s)he agree and understand the following:
- The pro will be charged at the instance the Pro receives the homeowner’s information.
- The pro agrees and understands that purchasing exclusive leads does not guarantee jobs, but grants the Pro an exclusive access to the lead information, and that they are obligated to pay the fee for the lead lead fee whether they ultimately end up getting the job/contract for the project.
- The Pro understands that homeyou cannot and does not guarantee that the Pro will be the only home improvement professional to contact the homeowner, as the homeowner is free to request service on other home improvement websites. Exclusive only means it is exclusive to homeyou Pros: the homeowner information will not be shared with any other homeyou Pros.
homeyou reserves the right to terminate the Pro’s participation in buying shared and/or exclusive leads at any time, with or without justification.
There are no monthly membership fees to become a homeyou Pro.
Promotions & Referrals
Homeyou, at its sole discretion, may create and make available promotions with different features to any users or potential users. These promotions, unless specified to you, shall have no bearing whatsoever on your current agreement or relationship with Homeyou. Homeyou reserves the right to withhold or deduct credits or any form of benefit received through a promotion in the event that Homeyou determines or believes that the redemption of the promotion or receipt of the credit was incorrect, error, illegal, unethical, or in violation of the terms of the promotion and/or this agreement.
As part of you pro or basic account, Homeyou may provide you or allow to generate a "Homeyou Code," a unique alphanumeric code for you to distribute amongst your colleagues, friends, and other persons (Referred Users) to become new Homeyou Pro members. Homeyou codes may only be distributed for promotional purposes and must be given away free of any charge. Selling, trading, or bartering your Homeyou code will invalidate your promotional credit or benefits. You are prohibited from advertising Homeyou codes, including but not limited to: Social media, online marketplaces, search engines, and online forums. Homeyou reserves the right to withdraw or invalidate any Homeyou promotion and/or code at any moment in time at Homeyou's discretion.
Homeyou distributes incentives typically in the form of Homeyou Credits, and Homeyou may set, change, or remove incentive types, amounts, terms, restrictions, and qualification requirements for at its sole discretion.
You agree to promptly complete your profile in connection with the Services and to provide us with such additional information as we reasonably request of homeyou Pros. In addition, the Pro agrees to provide accurate, complete and up to date information in connection with the Services and to update such information and to keep it accurate, complete and up to date at all times.
You agree you won't disclose your password to anyone and you'll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
Use of Submitted Context
As a homeyou Pro user, you agree that any information submitted to homeyou is non-confidential and nonproprietary.
Acceptable Use and homeyou Intellectual Property
As a homeyou Pro you are granted access to use our applications for the sole purpose to research, communicate, and pay for potential client leads. Our products are protected, and no attempt to duplicate or reverse engineer our products is allowed. Furthermore, you are not allowed to create or purchase and automate queries that would allow you to connect to our products for the purpose of gathering information.
If a homeyou Pro wishes to dispute a charge, they may do so by calling the homeyou support line.
If a homeyou Pro wishes to cancel their service they may do so by calling the homeyou pro support line and ask to be deactivated.
Using the homeyou pro dashboard, visiting the homeyou website, using the homeyou Pro mobile app and sending emails to homeyou constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
homeyou and homeyou pro website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of homeyou therefore homeyou is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. homeyou is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by homeyou of the site or any association with its operators.
Certain services made available via homeyou Pro are delivered by third party sites and organizations. By using any product, service or functionality originating from the homeyou pro web site, you hereby acknowledge and consent that homeyou may share such information and data with any third party with whom homeyou has a contractual relationship to provide the requested product, service or functionality on behalf of homeyou pro users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of homeyou or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. homeyou content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of homeyou and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of homeyou or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "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.
By way of example, and not as a limitation, 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 another'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.
homeyou has no obligation to monitor the Communication Services. However, homeyou reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. homeyou reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
homeyou 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, in homeyou's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. homeyou does not control or endorse the content, messages or information found in any Communication Service and, therefore, homeyou specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized homeyou spokespersons, and their views do not necessarily reflect those of homeyou.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to homeyou, Inc. or Posted on any homeyou Web Page
homeyou does not claim ownership of the materials you provide to homeyou, Inc. (including feedback and suggestions) or post, upload, input or submit to any homeyou Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting homeyou, our affiliated companies and necessary sublicensees 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, as provided herein. homeyou is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in homeyou's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Claims of Copyright Infringement
If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
400 TradeCenter Dr, S-3900
Woburn, Massachusetts 01801
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HOMEYOU PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, AND ATTORNEY'S FEES DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR TRANSACTIONS WITH HOMEYOU, USERS OR OTHER THIRD PARTIES, OR (3) YOUR VIOLATION OF ANY OF THESE TERMS. HOMEYOU RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH HOMEYOU IN ASSERTING ANY AVAILABLE DEFENSES.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE HOMEYOU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE "HOMEYOU PARTIES") FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR TRANSACTIONS WITH HOMEYOU, USERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOMEYOU PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR TRANSACTIONS WITH HOMEYOU, USERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEYOU, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HOMEYOU, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 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. HOMEYOU, INC. AND/OR ITS SUPPLIERS HEREBY 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.
homeyou reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and homeyou as a result of this agreement or use of the Site. homeyou's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of homeyou's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by homeyou 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.
Entire Agreement and Severability
These Terms constitute the entire agreement between you and homeyou concerning the Services and supersede all prior or contemporaneous communications of any kind between you and homeyou with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. It is the express wish to the parties that this agreement and all related documents be written in English.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and homeyou's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Modification of Services
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
Third Party Beneficiaries
These Terms do not create any right of action on the part of any third party, except for the homeyou Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.
Communicating electronically may cause you to incur fees and charges from your wireless service provider for usage of data, text messages (SMS), voice calls, and emails. homeyou is not responsible for these fees and charges, therefore we recommend you to review the agreement between you and your wireless provider.
Changes to Terms
homeyou reserves the right, in its sole discretion, to change the Terms under which homeyou Pro is offered. The most current version of the Terms will supersede all previous versions. homeyou encourages you to periodically review the Terms to stay informed of our updates.
homeyou welcomes your questions or comments regarding the Terms:
400 TradeCenter Dr, S-3900
Woburn, Massachusetts 01801