Terms of Use
Last updated 03.31.2023
These Terms of Use (“
Terms”) contain important
information about your legal rights and obligations as a user of our service, available an
http://www.homeshowerexpert.com (the “
Service”), using which you may apply for repairs or renovations and find
your Contractor.
If you do not agree with these Terms, please do not continue to use the Service.
Our processing of personal data in connection with your access to and use of the Service is
described in our Privacy Notice.
If you have any questions or comments about these Terms, please
contact us.
Entire agreement
In brief:This is an
agreement between homeshowerexpert.com and users of the Service. By using the Service, you agree to comply with
these Terms and applicable laws and regulations.
These Terms and any operating rules and policies posted on our website, including Privacy
Notice, constitute the entire legally binding agreement and understanding governing your use of the Service
between homeshowerexpert.com and Homeowners ("you”) - consumers who want to make repairs or renovations and are
looking for a contractor for this.
“Contractors” means legal entities rendering repairs or renovations services to Homeowners.
By using the Service, you hereby declare and warrant that you:
- Have read, understand, have the legal capacity to and hereby agree to be legally bound by and to comply with
these Terms in full;
- Are eligible to enter into this agreement and have no restriction to use the Service according to your local
jurisdiction;
- Are 18 years of age or older (otherwise, you can use the Service exclusively with involvement of a parent
orzguardian);
- Are an owner of a property or have the authority of the owner to carry out repairs or renovations;
- Comply with these Terms and all applicable laws and regulations.
A printed version of these Terms shall be admissible in judicial or administrative proceedings
based on or related to use of the Service to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form.
homeshowerexpert.com services for Homeowners
In brief:The
homeshowerexpert.com Service is the instrument for Homeowners to find Contractors who provide renovation
services. You can request for renovations, and we will find a suitable Contractor that will offer its services.
To place a request for renovations, Homeowners should fill in all necessary information on the
Service, including their location, type of repairs or renovations services, and contacts. After submitting the
request, we will send you the confirmation email with a summary. The information automatically transfers to
respective Contractors and will not be available to change or cancel requests through the Service.
Our managers make every effort to control the process of providing services by Contractors.
However, after transferring information, homeshowerexpert.com does not participate in this process as a party
and does not guarantee the provision of the services by Contractors. Contractors are obliged to communicate with
Homeowners, agree on the terms of service, and settle any possible disputes arising from rendering the
renovation services.
All Contractors contacting you through our Service are our clients. Please notify us if
Contractors propose you deceive us by reporting wrongful information that they have not provided repairs or
renovations services.
Intellectual property
In brief:All materials of
the Service and intellectual property rights belong to homeshowerexpert.com or are included in the Service with
the owner’s consent. We grant you a limited license to use the Service and its Content exclusively in the manner
provided in these Terms. Any attempt to violate any of the restrictions listed below will lead to the
termination of your use of the Service, legal actions and damages. You may also publish your content, so you
grant homeshowerexpert.com certain rights to it, so that we can display and share the content you post.
homeshowerexpert.com Content
The Services are controlled and operated by homeshowerexpert.com .
All materials of the Service, including data, text, graphics, charts, information, images,
drawings, trademarks, logos, video, sounds, music, software, games, scenarios, characters and other materials
(collectively, the “Content”), as well as copyright and other intellectual property rights to such Content
belong to homeshowerexpert.com or are included in the Services with the consent of the owner.
Subject to your compliance with these Terms, homeshowerexpert.com hereby grants you a limited,
temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to use the
Service and its Content on your device(s) in the manner provided for in these Terms.
Under this license you may not:
- Use any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or
the content contained in the Service or for any other unauthorized purpose without our prior written consent;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure
implemented by the Service to protect the services;
- Probe, scan or test the vulnerability, breach the security or authentication measures of the Service or any
network connected to the Service;
- Use the Service for illegal purposes;
- Harass, threaten, intimidate, impersonate any other person, falsify your contact or other information,
misrepresent a relationship with any person or entity, including misrepresenting a relationship with
homeshowerexpert.com , or otherwise attempt to mislead others;
- Change or delete any homeshowerexpert.com ownership notices from materials downloaded or printed from the
Service.
Any attempt to do so is considered as a violation of these Terms and the rights of
homeshowerexpert.com . If you violate any of these restrictions, your use of the Service will be reviewed and
terminated, and you may be subject to legal actions and damages.
User Content
You may publish comments and feedback using trademarks, logos, trade names, texts, images,
designs, graphics, icons, files or other materials and information (“User Content”). If you contribute User
Content through the Service, you are informed that such User Content will be accessible to other users. As
between you and homeshowerexpert.com , you own your User Content and information that you submit or post.
You hereby grant homeshowerexpert.com a limited, revocable, non-exclusive, sub-licensable,
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 that you
provide through the Service, without any further consent, notice and/or compensation to you or others.
You can end this license anytime by deleting your User Content. However, the license and
permissions in respect of your User Content will continue to be in force for the users who have previously
downloaded or otherwise used your User Content.
By creating or publishing any User Content you hereby declare and warrant that:
- the creation, distribution, downloading, or copying of such User Content does not and will not infringe the
rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions
to use your User Content in any manner contemplated these Terms;
- you are solely responsible for all the personal data that may appear in your User Content (such as names,
addresses, pictures of any people, their contacts, bank details, etc.)
You are prohibited from using the Service in any way not expressly permitted by these Terms,
including but not limited to:
- publish Content containing pornographic Content or sexually explicit material, obscene language that is
offensive to the Internet community, such as propaganda of racism, hatred or any physical harm against any
group of people or individuals;
- send spam or collect personal information about users, including names, phone numbers, addresses, email,
without the prior consent of the user;
- engaging in activity, or submitting Content, or promoting information that is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- harass, threaten, intimidate, impersonate any other person, falsify your contact or other information,
misrepresent a relationship with any person or entity, including misrepresenting a relationship with
homeshowerexpert.com, or otherwise attempt to mislead others;
- go beyond the pre-established topic of communication (“offtopic”), regularly publish information that does
not carry a semantic charge (flood);
- promote advertisements, contests, sweepstakes and pyramids without our prior written consent;
- use automatic means or manually copy the Content, collect users’ personal data without our prior written
consent;
- unreasonably load the Service with large amounts of information and data that interfere with the operation
of the Service, the security system and access to it for other users, interfere with the Service operation;
- probe, scan or test the vulnerability, breach the security or authentication measures of the Service or any
network connected to the Service.
homeshowerexpert.com may, but is not obliged to, control, is not responsible for, and makes no
representations or warranties with respect to any Content.
Warranties and disclaimers
In brief:The Service is
provided to you “as is”. We do not provide any promises regarding the Service or Content. The Service may
malfunction, in which case we will take every effort to resume its correct operation.
The Service is provided to you “as is”.
Except as otherwise provided by these Terms homeshowerexpert.com disclaims all other warranties
regarding the Services, its features and Content, to the fullest extent permitted by law, including without
restrictions, guarantees of merchantability, fitness for a particular purpose and non-infringement of
intellectual property rights of third parties or other rights.
homeshowerexpert.com does not guarantee that the Service will be uninterrupted or secure, that
any defects will be corrected.
homeshowerexpert.com does not provide any promises or guarantees to the Homeowners or
Contractors for services rendering and accepting. If Contractors refuse to provide the services for any reason,
you have a claim or do not want to accept services results or pay for them, homeshowerexpert.com will not
participate in such disputes. We also do not guarantee immediate fulfillment of the request, as it depends on
the type of repairs and the Contractors who offer such services.
Limitation of liability
In brief:You are
responsible for your use of the Services in compliance with these Terms and any applicable laws and regulations.
homeshowerexpert.com’ liability is limited in accordance with this section, so please read it carefully to
understand what to expect.
homeshowerexpert.com is not responsible if any information, materials, Content available through
the Services are inaccurate or incomplete.
You are solely responsible for the legality of your actions within the Service and your use of
the Service in accordance with the laws, regulations and third-party services providers’ terms applicable to
you.
Contractors are fully responsible for the actions of their employees, contractors, consultants
in the event of damage, crime, or other wrongful acts against Homeowners and their property during the provision
of services.
In no event shall homeshowerexpert.com, its subsidiaries, directors, partners, employees,
contractors or agents be liable for direct or indirect, incidental, special, punitive or consequential damages,
related to any use or inability to use the Services, including, without limitation, any damages, caused as a
result of use of the information or Content provided through the Services or by mistakes, omissions,
interruptions, defects, viruses, even if homeshowerexpert.com has been advised of the possibility of such
damages.
The foregoing limitations of liability do not apply to the extent prohibited by law.
If any part of the warranty disclaimers or limitations of liability is found to be invalid or
unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate
liability for all claims under such circumstances for liabilities, shall not exceed the total amount of payments
made by you to homeshowerexpert.com within one year preceding the claim.
Indemnification
In brief:In case you
violate these Terms, misuse the Service, violate any law or third party’s rights, you agree to indemnify and
defend homeshowerexpert.com.
You agree to defend, indemnify and hold harmless homeshowerexpert.com, our subsidiaries,
directors, partners, employees, contractors and agents from and against any and all claims, responsibility,
damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: (i) any breach
by you of any of these Terms, (ii) your use/misuse of the Service and/or Content, (iii) a violation by you of
applicable law, third-party’s intellectual property or other rights, any agreement or terms with a third party
to which you are subject, or (iv) claims and complaints from Contractors regarding their services, wrongful acts
of their employees and contractors, intentional and unintentional actions that caused harm.
We reserve the right to handle our legal defense however we see fit, including instances when
you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.
Applicable law and jurisdiction
In brief:We hope to
resolve all the issues by peaceful means, but in case a serious dispute arises between us, it must be resolved
in the American Arbitration Association.
Except where prohibited by applicable law, and without limitation to any statutory rights of
consumers, you agree that any dispute, conflict, claim or controversy directly or indirectly arising out of in
connection with or relating to the Service or these Terms, including, without limitation, those relating to its
validity, its construction or its enforceability shall be resolved by means of amicable negotiations directly
with homeshowerexpert.com team in accordance with the principles of good faith and cooperation.
If the consensus may not be reached by the negotiations, any controversy or claim arising out of
or relating to this Terms, or the breach thereof, shall be settled by arbitration administered by the American
Arbitration Association in accordance with its Consumer Arbitration Rules and judgment on the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be the city of
Philadelphia, Pennsylvania. The arbitration shall be governed by the laws of the State of Delaware. Each party
shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of
arbitration. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required
by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration
hereunder without the prior written consent of both parties.
Electronic communications
In brief:We use email to
stay in touch with our users. You can receive updates, recommendations and information on your use of the
Service. You can unsubscribe from commercial emails at any time by following the instructions in such emails.
By using the Service and providing us with your contact information, you understand and agree
that we may send you the electronic communications via email regarding, without limitation, (i) your use of the
Service; (ii) updates of the Service and these Terms.
You may unsubscribe from receiving commercial emails from us by following the instructions
provided in such communications.
You can read more about the rules of personal data processing in our Privacy Notice.
Third-party websites and services
In brief:Some functions
of the Service depend on third-party services which we do not control, therefore we cannot guarantee the
uninterrupted operation of all features. Some features of the Service are available in compatibility with
third-party websites and services. We cannot guarantee that all features are constantly available and
uninterrupted.
You acknowledge that different terms of service and privacy policies may apply to your use of
such third-party websites, services, and content. homeshowerexpert.com shall not be held responsible for any
losses, damages, or other liabilities incurred due to your interaction with those third-party websites and
services.
Other terms
We may transfer our rights and obligations under these Terms to a third party, but this will not
affect your rights or our obligations under these Terms.
We reserve the right, at any time at our sole discretion, to modify these Terms. In case of
material changes affecting your use of the Service, we’ll notify you prior to the changes’ effective date by
sending you an email. If you continue to use the Services, you agree to the updated version of these Terms.
If any provision of these Terms is determined to be unlawful, void or unenforceable, the
remaining provisions of these Terms will continue to be fully valid and enforceable.
Questions and contact information
If you have any questions or comments about these Terms of Use or the Services, please contact
us by: