PROFESSIONAL'S DIRECTORY SERVICES REQUIREMENTS

Last Updated: May 1, 2019

WELCOME!

Welcome to HomePro Match! HomePro Match, a service owned and operated by Basement Systems, Inc., provides a searchable online directory to assist home owners and commercial property personnel to find and connect with a registered professional contractor ("Professional") and offers informative content about home and commercial property maintenance on its website (our "Services").

If you are a professional contractor wishing to register with HomePro Match to be included in the HomePro Match online directory of contractor service providers and receive other promotional service offerings provided to Professionals ("Directory Services"), you must abide by these Professional's Directory Services Requirements ("Requirements").

These Requirements are supplemental to and are incorporated into and form a part of our Terms of Use (including HomePro Match's Acceptable Use Policy and Privacy Policy) (collectively "Terms"). All terms not defined under these Requirements are defined in the Terms of Use.

By using our Site or accessing our Directory Services, you signify that you have read, understood, and agree to be bound by these Terms, which may be updated from time to time, in our discretion. We encourage you to periodically check back on these pages that set forth the Terms to ensure you are up-to-date on the current Terms. If you object to any terms, you may terminate your account.

1. Directory Services Description and Account Set Up
2. Your Obligations in Creating a Profile Period
3. Directory Services Leads
4. Payment
5. Termination
6. Data Collection
7. Modifications
8. Disclaimer
9. Indemnification

• 1. Directory Services Description and Account Set Up.

  Description. A professional contractor who signs up for Directory Services is provided a business listing in our searchable online directory of professional contractors, a profile webpage on our Site, and such other offerings as listed on our Site from time to time, subject to its compliance with these Terms. In return, the professional contractor pays us a fee for all Leads (as that term is defined in the Lead Section below) that it receives as a result of its receipt of Directory Services.

  Sign up and Collection of Information. Contractors wishing to sign up for the Directory Services are required to fill out a registration form and provide us with the following information:

  • Your current business information, including contact information

  • A brief description of your business including types of services offered and geographical range

  • A current valid license registration number applicable to the type of contracting service you sign up for as a Professional

  • Your trademarks (including logo)

  • Any other relevant information we may request about your business for which you agree to cooperate and promptly comply.

  Registration Information Usage and Consent to Use. By signing up for the Directory Services, you represent and warrant that you are qualified and capable of performing the services set forth in your registration form and you consent to have us and our authorized third party consultants and subcontractors to use your registration information in order to evaluate your application and to provide the Delivery Services on your behalf and to promote the Services subject to the requirements of Section 2(b) below.

  Screening. Directory Services applicants are subject to a screening of their background by us that could include a verification of your license, information about your business and services from publicly available and open sourced information, including your web-based ratings and reviews, among other possible criteria. You consent to such screening as part of the application process.

  Account Set up. Upon review of your application including verification of your email and contact information we will alert you of our acceptance or rejection of your application, which decision shall be determined in our absolute sole discretion in accordance with applicable laws.

  If accepted, you will be permitted to access the Directory Services only after we have received your confirmation to be subject to these Requirements. As a Professional, you will be set up with a password-protected account that will allow you to create and maintain your business profile using an account configurator ("Profile"), the contents and elements of which will populate your online profile page ("Profile Page"). Your Profile Page which will be included in our database as part of our online directory of Professionals, and if any element of your Profile or Profile Page listing is displayed as a result of a User’s search results, we will provide a unique Contact Form with phone number and hyperlink to your Profile Page. For additional instructions on how the Profile works, please see your account.

  Once you have set up a complete Profile on our Site, Users will be able to access your Profile Page or elements of your Profile in connection with their search of our database using the searchable online directory and/or filling out an online search request. Users interested in your contracting services can elect to fill out a service request online form or contact you directly using the information we provide on the form, the search results, or on your Profile Page.

  You understand and agree that we reserve the right to contact Users to obtain their feedback and reviews with respect to any contracting services you provide them and to post such feedback and reviews on our Site.

  FOR RECORDKEEPING AND VERIFICATION PURPOSES, WE WILL TRACK, MONITOR AND RECORD ELECTRONIC COMMUNICATIONS MADE BY A USER TO YOU THROUGH THE HOMEPRO MATCH SITE.

• 2. Your Obligations in Creating a Profile.

  In addition to complying with the Acceptable Use Policy as part of these Terms, by creating a Profile and setting up a Profile Page, you acknowledge and agree to each of the following:

  1. Authorized Person. You have legal authority on behalf of your company to sign up for the Directory Services and to create a Profile, the content of which will be displayed on a publicly available Profile Page for your company, and remit payment to us for the Directory Services.

  2. Cooperation and Consent to Screening and to Use of Your Content. You agree to comply promptly with all reasonable requests for information in association with your application including in relation to licenses and permits. You consent to our performing a pre-screening review of publicly-sourced information relating to your background and credentials. You agree that so long as your registration with us is active, we may use your trademarks, graphics and logos ("Your Marks") associated with your business name and/or services, to promote your business in the Directory Services and to promote our Services subject to the requirement that Your Marks shall only be used to identify your business and/or services. As long as you are an active Professional, you give us permission to copy, use, publish, and distribute, including to other websites or other mediums, your registration information and any other information you provide on your Profile Page in connection with the promotion of our Services. We agree to remove your Profile Page, including Your Marks, from our Site if you cease being an active Professional. We agree to abide by our Privacy Policy with respect to any Personal Data that is part of Your Content that we collect in association with the Directory Services.

  3. Accurate and Up-to-date Information. With regard to your application, Profile, and Profile Page, and all content uploaded and/or submitted to our Site, you will provide accurate, truthful, and complete information regarding your business including level of expertise, territory of services, licenses, affiliation, contracting job history and keep all such business information up-to-date.

  4. License Information. If your profession or business requires a license, you agree to provide verification of the license or provide us with the necessary information for us to verify it. You agree to keep all necessary licenses current while a Professional with HomePro Match and to alert us promptly when your license expires or is cancelled. You agree that your Profile and Profile Page will accurately reflect your licenses and certifications.

  5. Your Content. "Your Content" as that term is defined in the Terms of Use shall comply with the Terms of Use including the Acceptable Use Policy and all applicable laws including data privacy laws. Specifically, all of Your Content will be lawful, respectful and honest and you agree you have the necessary rights and consent to use Your Content and we reserve the right in our discretion to remove any Content we believe violates our Terms. Specifically, you will not upload any misleading, false or outdated representations about your contracting services, professional licenses and certifications, qualifications and prior jobs to your Profile or Account settings (for display on the Profile Page) in print or via photos, and you will have all necessary rights and consents for your use of and display of Your Content, including Third Party Data as that term is defined in the Data Collection section below. You accept full responsibility for ensuring that Your Content does not infringe any intellectual property rights (including copyright or trademark) of a third party and you agree to pay all royalties, fees or other monies owed by reason of Your Content.

  6. Reviews. Users may review your contracting services on your Profile Page or via an email sent via the Site from your Account and a feature of your Professional account may include the ability to respond to a User's review. All reviews (and your responses) must follow our Review requirements set forth in the Acceptable Use Policy incorporated into these Requirements. We are not required to moderate these reviews but if you believe a review violates the Acceptable Use Policy, please bring it to our attention for follow up. We reserve the right to make the final determination as to whether a review violates our Terms and should be removed. You agree that you will not post a review on your behalf, directly or indirectly, nor permit or authorize anyone to submit a false review in violation of our review requirements.

  7. Right of Publicity. Subject to the license grant provided under the Terms of Use, you may publicize your active registration with our Services so long as it is accurate and up-to-date, non-disparaging, non-misleading and protects our Marks in accordance with the Terms of Use. Upon cancellation or termination of your account with us, or upon our written notification to you that we rescind the right of publicity under this subsection, you must immediately cease publicizing our Site and Marks in association with your business and remove all public references to such association. With respect to any seal of approval or other such HomePro Match-issued designation we may provide to you and/or display on your Profile Page or on the Site, you agree to promptly remove all such references in connection with your business (e.g., marketing materials and on the internet) upon cessation of your status as a Professional.

• 3. Directory Services Leads.

  Definition of a Lead. A “Lead” occurs when: a) a User of our Services contacts you for the first time with respect to specific services via a unique phone number assigned to your account; or b) when we send you electronically a completed Profile Contact Form that is unique to your account and pre-populated with your business name and phone number and the User’s service request. Such Leads are accessible via your Profile Page, on-Site search results or other aggregate listings of contractors on the Site. Users may find your Profile information by using our searchable online directory based on robust search functions that can include location and type of services. We will supply you with Users’ service requests via properly filled-out online forms that request information related to contractor services that is relevant to your type of business and your service area per each service you offer on the Site and as defined at the zip code level by you and approved by us. As well, we will monitor all calls by Users to you using the contact information on your Profile in connection with a service request for your services. We will keep and maintain records of the service requests including recordings of User calls for verification purposes at least 6 months from the cancellation or termination of your account. You agree to pay the applicable fee for each Lead as provided for in the Payment Section below. All Lead Fees constitute advertising fees paid by you to us and are not dependent in any way on the ultimate results of the Lead, e.g., securing or getting paid for any work. You agree to alert us of any Leads you believe are not suitable and that you dispute within the applicable time period set forth in the Fee section of these Requirements. We do not guarantee a minimum number of leads. The appearance of your Profile in a User’s online directory search results is dependent on the User’s search and the information you provided us. We reserve the right to assign search priorities at any time based on the number of similar businesses in your territory, your ratings and reviews, your Profile Page popularity and other criteria. For more information, please see your account.

• 4. Payment.

  You will pay us for each and every Lead received in connection with your Directory Services account and any other agreed upon fees as maintained and updated in your account settings ("Fees") by authorizing us to initiate an ACH transfer or our payment processor to charge your credit card, debit card or other payment method for such fees. You agree that we will process your balance due at the end of your billing period via your selected method as set forth in your HomePro Match account unless and until you cancel your account or we terminate it. Unless so cancelled or terminated, we will automatically charge the applicable fee (and any taxes, if applicable) to your payment method at the beginning of each recurring billing period. You may view a statement of your monthly Lead activity and manage your billing on your HomePro Match account.Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. You are responsible for the timely payment of applicable taxes associated with the Directory Services. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.If your payment method fails or your account is otherwise past due, you agree to pay all amounts due on your account upon demand and we may collect fees owed using other collection mechanisms (including charging other payment methods on file with us). We reserve the right to suspend your account and/or retain the services of a credit agency for overdue balances. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Fees that you dispute, provided, however, that any and all requests for Credits must be received by us within 30 days of the date that the Fee charge was incurred and will be applied toward future charges to your account. Except as required by law or otherwise stated on the Site or these Terms, all fees are nonrefundable and payments may not be cancelled by the Professional.

• 5. Termination.

  1. Cancellation by you. Unless you have entered into an agreement with us that specifies otherwise, you may cancel your registration with us at any time from your account settings. Upon cancellation, you are obligated to to pay any outstanding balance owed to us.

  2. Termination by us. Unless we have entered into an agreement with you that specifies otherwise, we may terminate or suspend your account (and any related accounts) and your access to the Directory Services at any time, for any reason, and without advance notice. If we do so, your right to continue to use our Services is immediately suspended. Unless prohibited by law, we may refuse service to anyone, at any time, for any reason. We will have no liability for damages that may result from termination of your account.

  3. Termination or Suspension for Misuse. We may immediately terminate your account, or suspend your access to your account, with or without notice, for conduct that we believe is illegal, offensive, harassing, fraudulent or a violation of these Requirements, the Acceptable Use Policy or any other Terms that apply to you, including failure to pay us our Fees. We reserve the right to bar your re-access of our Directory Services and to inform relevant legal authorities of your misuse of our Services, although it is not our responsibility to police your account nor shall we be liable for any damages that may ensue as a result of any nonaction on our part. You will be responsible for any liability that results by such misuse under your account.

  4. Effect of Termination. Upon termination or cancellation, your rights to use our Site to promote your contracting services (including any seals of approval issued by us), including your Profile Page and your directory listing, will be immediately suspended and your password disabled, if applicable. You may lose any information associated with your account, including Your Content. You must delete all public references to our Site and Services, including our Marks and seals of approval, that indicate your affiliation with us. Any provisions of these Terms which by their nature are intended to survive the termination of your use of the Site or Directory Services shall continue to apply after termination.

• 6. Data Collection.

  You agree that your Personal Data (as defined in our Privacy Policy) can be processed by us pursuant to the Privacy Policy, which is incorporated by reference. You agree that for any Personal Data you collect from Users or other third parties ("Data Subjects") in connection with the Directory Services ("Third Party Data"), including Third Party Data that you upload onto our Site, you will use such data only as necessary for the intended purpose (e.g., to process a service request), have the necessary legal permissions to use such Third Party Data, and will protect the confidentiality of such Third Party Data with reasonable care using sufficient physical, technical, and administrative safeguards in place to protect the confidentiality of Third Party Data and in compliance with all applicable laws, rules, and regulations relating to data privacy. You will inform us promptly of any violation of these provisions as well as any requests by a Data Subject made to you with respect of their Third Party Data. You will ensure that these protections are adopted by any subcontractors or employees who have access to Third Party Data and you agree you are responsible for their compliance with these requirements.

• 7. Modifications.

  We reserve the right to change, modify or discontinue the Directory Services at any time in our sole discretion. We will not be liable to you for the effect that may have on your income or ability to generate revenue from these Services.

• 8. Disclaimer.

  IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE TERMS OF USE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO:   a) OUR ACCEPTANCE OF YOUR APPLICATION; b) THE DIRECTORY SERVICES’ SEARCH CRITERIA, RESULTS AND/OR FUNCTIONALITY; c) THE NUMBER OR QUALITY OF LEADS THAT YOU MAY RECEIVE; OR d) WHETHER A LEAD MAY RESULT IN AN ACTUAL JOB BOOKING OR PAYMENT OF FEES. WE ASSUME NO LIABILITY FOR THE INTERACTION THAT OCCURS BETWEEN YOU AND THE USER SUBSEQUENT TO YOUR RECEIVING A LEAD THAT IS OUTSIDE THE SCOPE OF OUR SERVICES. WHILE WE WILL MAKE REASONABLE EFFORT TO REMOVE COMMENTS, REVIEWS OR RATINGS POSTED ON OUR SITE THAT WE LEARN ARE NONCOMPLIANT WITH OUR TERMS, WE ARE NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY COMMENTS, REVIEWS OR RATINGS THAT CUSTOMERS POST ON OUR SITE.

• 9. Indemnification.

  In addition to any indemnification set forth in the Terms of Use, you agree to indemnify, defend, and hold us and our directors, officers, employees, consultants, and other representatives, harmless from and against any and all third party claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Terms, including but not limited to the Acceptable Use Policy and these Requirements; (b) any allegation that Your Content or Third Party Data submitted to us or uploaded to our Site including on your Profile Page infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property rights or the data privacy rights of any third party; (c) your activities and services provided in connection with the Directory Services including your negligence or willful misconduct in connection with your performance or nonperformance of contracting services on behalf of any Users to our Services.