Honest Contractors.net Terms and Conditions This section describes the terms and conditions under which “Honest Contractors” or its web site HonestContractors.net offers the services provided through our web site. By using our website you are accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement. 1. General Disclaimer - In using Honest Contractors service, you acknowledge that Honest Contractors is not acting as your general contractor, agent, or advisor. Therefore, it is your sole responsibility to select a contractor or service provider and to negotiate the terms for any work performed or service rendered. You may want to consult with appropriate expert advisors to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the contractor's and your own insurance coverage requirements. We do not guarantee that you will find a business or contractor to match your service needs or that they either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed businesses, we make no guarantees or representations regarding our listed businesses if you elect to retain their services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Your rights under contracts you make with service professionals or businesses typically are governed by our state and local laws. Should you have a dispute with any service professional, you must address such dispute to the service professional directly, and you hereby agree to release Honest Contractors (and our employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier who may employ the Honest Contractor matching utility) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals. 2. Membership – Our members agree to represent honesty and integrity. Most all members come referred to, or are invited by the owner of Honest Contractors. The owner of Honest Contractors works with or does business with many of its members. The members of Honest Contractors also agree to be volunteer representatives of Honest Contractors. All members agree that they are building a name for themselves as well as Honest Contractors. Unlike other referral services being a member is a privilege and honor, it is not something just anyone can buy into. However Honest Contractors does not recommend or endorse any specific service provider, provide advice on which service provider to or not to select, or screen any individual service provider's personal credit or legal standing. Honest Contractors relies on referrals from others, electronic data provided by third parties and on statements made by service providers or past customers and their references to determine which service providers to accept into our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a service provider's record may have occurred which were not captured by the third party data sources used. Honest Contractors does not guarantee that any service provider has licensing or insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the service provider may cancel the insurance without Honest Contractors knowledge. Unless otherwise specifically stated, Honest Contractors does not endorse any product or service described in, offered on, or linked to Honest Contractors website. 3. Disputes / Complaints with listed contractors - First off please bring your problem or concerns to the attention of the contractor. Then if you are still unable to resolve the issue please email Bob@honestcontractors.net and briefly explain your problem in writing. Bob will then contact the service provider and discuss the issue. A representative may need to see the work that was preformed at the site. You will need to make yourself available to meet with a representative and have all documentation and work orders in hand. If Honest Contractors finds that a service provider is performing sub-standard work and/or services on your project we will ask them to fix it. On the first offence they may or may not be barred from Honest Contractors if they satisfy the customer. If they are found guilty of a second offence Honest Contractors reserves the right to pull their membership and all adverting with no refunds. We advise our contractors to clearly detail work to be performed on their work orders, estimates or bid sheets. If we find that the work described on the work order matches the work performed in our opinion, we will tell you that we are sorry you are not satisfied. Honest Contractors reserves the right to decline any dispute or complaint if we determine it doesn't fit within the parameters of the program. Complaints must be filed no later than 90 days after service is rendered and only for purposes of resolution (unless there's a warranty). 4. Disputes / Complaints with paid advertisers - We would like to hear your feedback. If we repeatedly get negative feedback about a paid advertiser Honest Contractors reserves the right to pull their membership and all advertising with no refunds if we perceive the complaint to be valid. Honest Contractors reserves the right to decline any dispute or complaint if we determine it doesn't fit within the parameters of the program. Complaints must be filed no later than 90 days after service is rendered and only for purposes of resolution. Please read Limitations of Honest Contractor Liability Release. 5. Licensing - Honest Contractors confirms at the time of a contractors enrollment, that applicable required state-level trade licensing. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. We always recommend that you ask the business to provide you with a copy of their licenses. If you find that a contractor of business member of Honest Contractors is not up to date on their licensing, please inform us via email at Bob@honestcontractors.net 6. Insurance/Bonding - For certain categories of tasks, Honest Contractors confirms general liability insurance coverage, bonding information or cargo insurance (movers) presented by member service professionals in their profiles at the time of their enrollment with Honest Contractors. Honest Contractors confirms such coverage via the service professional's insurance agent. Honest Contractors does not confirm general liability coverage for all categories of service professionals. A members insurance/ bonding may change or expire over time and therefore, we cannot guarantee that profile and screening information is accurate. If you find that a contractor or business member of Honest Contractors is not up to date on their Insurance or Bonding, please inform us via email at Bob@honestcontractors.net 7. Links to Third Party Sites - The links in the Honest Contractors.net website will let you leave HonestContractors.net ’s website. The linked sites are not under the control of Honest Contractors.net and HonestContractors.net is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Honest Contractors .net is not responsible for web casting or any other form of transmission received from any linked site. Honest Contractors.net is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Honest Contractors .net of the site. 8. Use of our site - In order to protect you and others, you and must comply with all applicable laws and regulations when using Honest Contractors service and must not use our service to impersonate or harass any other person or our members. You may copy information provided by Honest Contractors for your personal use, but you must retain any copyright notice and other proprietary notice on copied information. You are not permitted to reproduce, distribute, transmit, publish, or commercially exploit any information provided by Honest Contractors .net without the appropriate permission of the copyright owner. This prohibition precludes emailing, faxing, posting to any bulletin board, storage in a database accessible to persons other than yourself, or otherwise making information available electronically or in any other form. 9. Changes to the Service or Terms - Honest Contractors may from time to time without notice change, add, or remove certain features of our service or change the terms of this Agreement. 10. Disclaimer of All Warranties - You understand that Honest Contractor has no control over any Third Party services. Honest Contractor and its suppliers make no warranty that the service or the Third Party services will meet your requirements or that use of the service or the Third Party services will be uninterrupted, timely, secure, or error-free; nor does Honest Contractor or its suppliers make any warranty as to the results that may be obtained from use of the service or the Third Party services, or the accuracy or reliability of any information obtained through the service or the Third Party services, or that any defects in the service or the Third Party services will be corrected. Honest Contractor and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the service or the Third Party services. Any material or data obtained through use of the service or Third Party services must be used at your own discretion and risk. Honest Contractor does not guarantee the quality or fitness of any work performed by any service providers. 11. Limitations of Honest Contractor Liability Release - Honest Contractor is not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account. Honest Contractor’s total cumulative liability to you and anyone who uses the service or the Third Party services through your account, for any and all claims under any theory of law (including negligence), will not exceed $100 or the aggregate amount you paid to Honest Contractor in the preceding 12 months, whichever is greater. You agree not to hold Honest Contractor responsible for any damages or other liabilities arising from work performed by any contractor. Because Honest Contractor is not and cannot be involved in your dealings with service providers or control whether or not service providers will complete any work as agreed, in the event that you have a dispute with one or more service providers, you release Honest Contractor (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 12. Disputes with Honest Contractors - You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in Pierce County, Washington. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that any claim or cause of action arising out of or related to use of Honest Contractor services or the Terms and Conditions must be filed within six months after such claim or cause of action arose or be forever barred. 13. INDEMNIFICATION - YOU AGREE TO INDEMNIFY HONEST CONTRACTOR , AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE HONEST CONTRACTOR SERVICES OR IN CONNECTION WITH THE HONEST CONTRACTOR WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. 14. Miscellaneous - You may not use the Honest Contractors website or services to recreate or compete with the Honest Contractors services, to solicit or harass Honest Contractors service professionals, or for any other purpose not contemplated herein. You agree that Honest Contractors, its member contractors, and affiliated partners may use your contact information, including your email address to contact you regarding the projects that you submit your contact information for, and to provide you with related content including our monthly newsletter. If you have previously opted out of our email list, submitting a new form will opt you in. If at any time you wish to be removed from our follow up or newsletter lists, you may contact us at Bob@honestcontractors.net and request to opt-out of future communications. Honest Contractors, the service providers, and any Honest Contractors Partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of the state of Washington, in the same manner and to the same extent that such laws apply to agreements between Washington residents performed entirely within Washington. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by Honest Contractors or its representatives.
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