This section is composed of two parts:
"Terms of Use Agreement and Disclaimer" for all users of www.homeimprovementshopper.com and "Terms and Conditions for Internet Advertisers" for businesses paying for advertising services.
Read this Terms of Use Agreement before Accessing Website
Effective Date: This Terms of Use Agreement was last updated on November 6, 2009.
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.
HIS is providing User with information in the Website that is for informational purposes only regarding vendors of services, jobs, "how to" articles, incentive coupons, 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 related with such connection.
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 solely for internal, personal, non-commercial purposes and that you comply with 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, search results that appear on the Website, or any other materials or information retrieved therefrom; (b) use any materials from the Website or any search results 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 search results that appear on or within the Website; (d) use any content or search results from the Website in any manner that may infringe any copyright, proprietary right, intellectual property right, or property right of HIS 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 search results or its contents may be used by you in any litigation or arbitration matter whatsoever under any conditions.
This Website contains searchable databases of companies, (hereafter referred to as "Companies"). Information in and for our Website is provided by the Companies. HIS does not guarantee the quality of work or service of the Companies nor does it warrant the validity or accuracy of the information provided by a Company. The User should not base decisions solely upon information provided in the Website. Each Company's description of its areas of practice, product, service, expertise, licensure, and all other information are provide by such Company, and all such information and any Company's 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 a Company's 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 Company 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 Company for references.
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.
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 Company of the website, including without limitation, any intentional or negligent actions of any past or present Company of HIS, or the failure of a Company 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 Companies 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 liability, 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.
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.
Our Website may include links to other sites on the Internet that are owned and operated by Companies, 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 Companies, 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 Companies, 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.
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.
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, and it is not a referral service for any vendor, Company, 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.
Our website is operated and provided in the State of New Jersey. As such, we are subject to the laws of the State of 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.
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.
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 Companies. In addition, such use of trademarks or links to the web sites of Companies is not intended to imply, directly or indirectly, that those Companies endorse or have any affiliation with HIS.
By submitting any materials or uploading content for use on the Website you grant HIS an 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.
HIS retains the right, at its 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.
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.
This is a Contract between Home Improvement Shopper, LLC ("HIS", "us", "we", and "our") and the customer ("you", and "your") as identified on the Order. You have entered into this Order because you want to use our internet advertising services as described in the "Plan Detail" pages. The Contract consists of the Order and these Terms and Conditions. The Order shall control in the event of a conflict between the Order and these Terms and Conditions unless expressly provided in these Terms and Conditions.
To use our advertising services you must represent and warrant the following:
This Contract begins when our merchant services company acknowledges that your payment (either credit card or ACH) was accepted and runs for one year subject to our right specified in these Terms and Conditions to terminate, suspend, or modify the Contract. You will receive a written renewal notice approximately 30 days before the Contract ends with details including products offered and pricing. There is no automatic renewal and to continue requires an approval action on your part.
Your represent and acknowledge that you are entering into this Contract to obtain our advertising services for your own benefit and not for the benefit or on behalf of any third party.
All listed prices are annual and full payment is required before the Contract commences. Once a Contract begins the price is guaranteed for one year. There are no refunds. Prices may change at any time for new contracts. Payment must be made by credit card or ACH using our secure online merchant services capability. If you upgrade to a more expensive plan, HIS will terminate your contract, prorate the amount you paid and begin a new 12 month contract for the upgraded services.
You agree not to transmit unsolicited e-mail messages. You will not post content that is pornographic, hateful, threatening, or that contains nudity or graphic or gratuitous violence. You will not misuse trade marks or other intellectual property. You will not send spam, or upload harmful code or viruses. You will not collect contact information and use it for commercial purposes. You will not use automated means to collect robots, bots, spiders, or scrapers. The content you upload will be true and correct at all times and that its use, reproduction, distribution, or transmission and/or on your linked website will not violate any criminal laws or rights of any third parties, including, but not limited to, any copyright, patent, trademark, trade secret, music, image, or other proprietary right, and shall not constitute false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity.
You will honor any promise or statement of incentive or discount in your posted coupons, hyperlinked text, or ad page.
HIS reserves the right to reject, make and change the text, format, layout and logo on each Company Profile Page and coupon and to include our name, website and logo in the ad page and coupon. You are solely responsible for the accuracy of (1) any information on the Company Profile page, and /or (2) any information or material to which Users can link through the Company Profile page, using a hyper-link that you provide. After the Company Profile page is posted on our website, you are responsible for proof-reading and making any necessary corrections. HIS reserves the right to edit your Company Profile page and remove the hyper-link if we deem this necessary to enforce any of our terms and conditions. You grant HIS the right to frame any hyperlinked Company Profile page i.e. embed the HTML document represented by your web page inside the main document of our website.
You agree to indemnify, defend and hold harmless HIS, from any and all costs, damages, and expenses that may be incurred by us, including legal fees, arising out of or related to your breach of any of the representations and warranties, breach of any covenants, or intentional, willful and/or negligent actions of you, your agents, employees, contractors or subcontractors.
HIS may terminate this contract with cause if you breach any of the representations, warranties or covenants or if you, your agents, employees, contractors or subcontractors perform an intentional, willful and/or negligent action. Your Company Profile page, coupons and any other visible references will be removed and no refund will be given. HIS may terminate this contract without cause upon at least 7 days written notice. In such case you will receive a pro rated refund.
HIS and you are and will remain independent contractors to the other.
All provisions of the Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
The laws of the state of New Jersey shall govern the validity of the Contract, the construction of its terms and the interpretation of the rights and duties of the parties hereto. The parties consent to the venue and personal and subject matter jurisdiction of the state courts in Monmouth County New Jersey and the federal courts in Essex County New Jersey.
If you have a dispute of billed charges, you must bring it to our attention within 30 days of payment date in question. In the event of litigation or arbitration in connection with this contract or collection efforts by HIS, if HIS prevails it shall be entitled to all costs of collection including attorney's fees. Any disputes that arise between us with respect to the performance of this contract shall be submitted to binding arbitration in New Jersey, by the American Arbitration Association, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission. The final arbitration decision shall be entered in any court having jurisdiction thereof.
In the event that performance by HIS of any of its obligations under the terms of this agreement shall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, by failure of computer equipment, including loss or interruption of data, terrorism or by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto, that party shall be excused from such performance for the same amount of time as such occurrence shall have lasted OR such period of time as is reasonably necessary after such occurrence abates for the effect thereof to have dissipated. However, this section does not excuse payments of amounts past due.