Terms of Use Agreement and Disclaimer

Read This Terms of Use Agreement Before Accessing Website

Effective Date: This Terms of Use Agreement was last updated on May 1, 2007.

This Terms of Use Agreement ("Agreement") sets forth the standards of use of the Home Improvement Shopper, LLC ("HIS") Online Service. By using the HIS Homeimprovementshopper.com website (the "Website" or "Site"), you (the "User" or alternatively "you") agree to these terms and conditions and to the HIS Privacy Policy. You also agree to accept notices electronically. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Homeimprovementshopper.com website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. You can not use or sign up for any HIS website until you have accepted these terms.

1. Description of Service

HIS is providing User with information in the Website that is for informational purposes only regarding vendors of services and products generally related to home improvement.

The User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.

2. Permitted Uses And Restrictions Of The Site

You are granted a revocable license that is nontransferable and nonexclusive to access and use the Website strictly in accordance with this agreement and these conditions of use; (a) to use this Website strictly and solely for personal, internal and non-commercial purposes; and (b) to print out sales coupons, discrete information and search results from the Website and all its directories solely for internal, personal, non-commercial purposes and that you maintain all copyright and other notices contained therein. You may not (a)reprint (except as allowed herein), copy, display (other than at the website), republish, distribute, transmit, rent, sell, lease, loan or make available by any means or in any form all, or any portion, of the Website, the directories that appear on the Website ("Directories"), or any other materials or information retrieved therefrom; (b) use any materials from the Website or any Directories that appear on or within the Website to develop or as a component of, any information, storage and retrieval system, database, information base, or similar resource ( in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, rental, lease, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content from the Website or any Directories that appear on or within the Website; (d) use any content or Directories from the Website in any manner that may infringe any copyright, proprietary right, intellectual property right, or property right of us or any third parties; (e) remove, obscure or change any copyright notice or other proprietary notice or terms of use contained in the Website ; (f) make available any portion of the Site through any service bureau, timesharing system, the Internet or any other technology now existing or developed in the future; (g) decompile, remove, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any manual or automatic process to harvest information from the Site; (i) use the Site, or its Directories in any manner that violates any federal or state law; (j) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the regulations and export control laws of the United States. Under no circumstances or event may any entity or person create a directory with data retrieved from this Website. No print out or electronic version of any part of the Website, its Directories or its contents may be used by you in any litigation or arbitration matter whatsoever under any conditions.

3. Directory Listings

This Website contains searchable directories of vendors, (hereafter referred to as "Listees"). Information in and for our Website is provided by the Listees. HIS does not guarantee the quality of work or service of the Listees nor does it warrant the validity or accuracy of the information provided by the Listee. The User should not base decisions solely upon information provided in the Website. Each Listee's description of its areas of practice, product, service, expertise, licensure, and all other information are provide by such Listee, and all such information and any Listees' Websites are not reviewed by HIS. HIS is not responsible for the accuracy of any information or material contained in the Website, and is not responsible for any information contained in Listees' websites, even if they are linked to the HIS Website. Users of the Website are encouraged to make their own evaluation and independent investigation of any Listee they may consider hiring for a service or from whom they will buy products. Additional information relevant to choice of a contractor is frequently available from the Better Business Bureau® and from contacting past customers of a Listee for references.

4. Disclaimer of Warranties.

The site and its contents are provided by HIS on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, HIS makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. HIS does not guarantee or warrant that the Website will be free of viruses, contain error free content or that errors or defects will be corrected. HIS does not guarantee the completeness, accuracy, or adequacy of the information contained in the Website or linked to the Website. HIS does not guarantee, represent or warrant that information available through or on the Website will be timely, correct, accurate or otherwise reliable. HIS. disclaims all responsibility for any claim loss, injury, liability , or damage of any kind resulting from or arising out of or in any way related to any omissions or errors from this site and its content, including but not limited to typographical errors, foreign language translations, technical inaccuracies, completeness, timelines or security of content, results obtained, information or services provided on or through the use of the Website, your use of this Website, or any third party websites or content accessed directly or indirectly through links in this Site. HIS shall have no liability for any interruptions in the use of this Website. HIS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. Use of this Site and its content is at your own risk. You agree/acknowledge that the exclusions and limitations of warranty and liability provided in these Terms of Use are reasonable and fair.

5. Limitation of Liability and or Damages

HIS SHALL NOT be liable for any LOSS, INJURY, CLAIM, LIABILITY, OR ANY damages OF ANY KIND RESULTING FROM your USE OF THE WEBSITE and/or YOUR use of any listees of the website, including without limitation, any intentional or negligent actions of any past or present listee of his, or the failure of a listee to honor a discount coupon displayed in the website. his shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Website, the information contained in it, or any actions by listees whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if HIS has been advised of the possibility of such damages. in the event of any liablity, HIS' SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS May Be INAPPLICABLE.

6. Modifications and Interruption to Service

HIS reserves the right to modify or discontinue all, or portions of, the Site with or without notice to the User. HIS shall not be liable to User or any third party should HIS exercise its right to modify or discontinue the Site. User acknowledges and accepts that HIS does not guarantee continuous, uninterrupted or secure access to the HIS Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Website and Links to Third-Party websites

Our Website may include links to other sites on the Internet that are owned and operated by Listees, merchants and other third parties. The links and information provided by HIS and all its entities are for information purposes only. User acknowledges that HIS and its entities maintain no control over the accuracy of information on the Website or other websites, or the quality of service or operations of any third party, including Listees, or of information they have submitted for inclusion on the Website or third party websites. Links to third parties appearing on our Websites should in no way be interpreted as an endorsement of such third party or any services or information provided thereby. Any purchases of goods or services from third party, including all Listees, are at your sole risk and under no circumstances shall HIS or its Websites be liable for any damages arising from transactions between you and third party or for any information or materials that appear on third party websites. If you decide to access any third party website, you do this entirely at you/the User's own risk. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. HIS is not responsible, nor do we assume any liability, for any mistakes, misstatements, omissions, obscenity, defamation, falsehood, pornography, opinions, information, quality of services, representations or any form of content that appears or is contained in any third party content appearing on the Website. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. You realize and understand that the opinions and information in third party content solely represent the thoughts of the author and are not endorsed or reflect the belief of HIS. We encourage all Users to review said privacy policies of third-parties' sites.

8. Indemnification

You agree to indemnify, defend and hold harmless HIS, and its subsidiaries, officers, agents, affiliates, partners, information providers, employees, directors, owners, shareholders, licensors, co-branders or other partners harmless ( collectively, the HIS Parties) from and against any and all liability, costs, losses, expenses ( including attorneys fees, legal fees or any other related costs, fees or expenses), damages, penalties, settlements, fines, costs or expenses, incurred by any HIS Party in connection with any claim, including, but not limited to , violation of rights of publicity/ privacy, trademark infringement or copyright infringement arising from or relating to your use of our Websites, your violation of these Terms and Conditions of Use, your violation of the rights of any other person, entity or third party and your connection to our Sites. You are solely responsible for all materials, e-mails, any messages, content or other information you provide, transmit, upload, download to or from the Website. We reserve the right, at your own expense, to assume the exclusive defense and control of any and all matters for which you are required to indemnify us.

9. Disclaimer Regarding Accuracy of Vendor Information

HIS makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. HIS only provides information for educational purposes only and it is not a referral service for any vendor, or any other directory Listee or advertiser. Subsequently any arrangements made by you with any entity or individual mentioned or appearing on this Website is strictly between you and such party and does not involve HIS in any way.

10. Governing Law, Jurisdiction and Non Wavier

Our website is operated and provided in the State of New Jersey. As such, we are subject to the laws of the State New Jersey and such laws will govern this Terms of Use, without giving effect to any choice of law rules. Any action relating to or arising out of these terms shall be filed only in state courts located in Monmouth County, New Jersey and federal courts located in Essex County New Jersey and User hereby submits and consents to the venue and personal and subject matter jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights shall not constitute a waiver of terms or conditions of these Terms and Conditions of Use. We make no representation that our website or other services are appropriate, legal or available for use in other locations.

11. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information

As between HIS and User all content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are the property of HIS which is the owner of all copyrights therein , with all rights reserved Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HIS is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of HIS.

Home improvement Shopper and HIS are proprietary marks of HIS. HIS' trademarks may not be used in connection with any product or service that is not provided by HIS, or in any other manner that is not expressly authorized by HIS in writing.

All other trademarks displayed on HIS' website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Listees. In addition, such use of trademarks or links to the web sites of Listees is not intended to imply, directly or indirectly, that those Listees endorse or have any affiliation with HIS.

13. License of Content to HIS

By submitting any materials or uploading content for use on the Website you grant HIS a irrevocable, perpetual, royalty-free, non-exclusive license and right to reproduce, modify, adapt, use, translate, publish, create derivative works from, and distribute such materials or incorporate such materials into any form, technology or medium now known or later developed throughout the universe.

14. Botnets

HIS retains the right, at our sole discretion, to terminate any use by Users involved with viruses, Trojan horses, spyware and botnets and related activities. If any hostnames are used as command and control points for botnets, HIS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by HIS, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.