Last modified on April 5, 2019
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 pre-screened registered professional contractor ("Professional") and offers informative content about home and commercial property maintenance on its website (our "Services").
DISCLAIMER: The Services are designed to provide an efficient online tool to assist you in finding contractors in your area. HomePro Match is not in the business of performing, recommending or evaluating professional contracting services and does not endorse or recommend the contractors listed in our directory. Users of our Services must work directly with any contractors they find using our Services in order to enter into contract with a professional contractor. We are not agents of the contractors.
1. PARTIES TO THESE TERMS.
Someone who accesses our website directly at www.homeProMatch.com or through any HomePro Match mobile application ("apps") (collectively, the "Site"), who may perform searches on our online directory but does not provide any personal information in order to obtain further Services, such as filling out an online form or contacting a professional contractor.
A Visitor who uses our Site and/or online directory and signs up for our online service offerings such as sending a service request to a Professional via an online form or contacting the Professional using the Professional's contact information as provided on our Site.
A Visitor who is a licensed contractor who registers with us to participate (or be included) in the HomePro Match online directory of services and other promotional service offerings provided to Professionals ("Directory Services"), in accordance with the Professional's Directory Services Requirements. For Professionals, Directory Services are part of our Services.
Regardless of whether you are a Visitor, User, or Professional, you are not our employee and by providing you with these Services, we are not creating any employment, partnership, franchise or agency relationship.
You must be at least 18 or older to use our Site, or the age of majority in the state where you live to use the Site. Minors under 18 and at least 13 years of age are only permitted to use our Site or Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Use of the Site or Services by anyone under 13 years of age is strictly prohibited.
2. ACCEPTANCE OF THESE TERMS IS REQUIRED TO USE THE SITE.
Please review carefully the terms below to understand the obligations and responsibilities we both have to each other. If you do not agree to these terms, then please discontinue use of the Site and do not use or sign up for our Services.
Other Policies that may apply to You:
NOTICE: Please be aware that these terms contain a binding arbitration clause
3. HOUSE RULES FOR USERS AND PROFESSIONALS WISHING TO USE OUR SERVICES ON OUR SITE.
In exchange for these Services, you make us the following commitments:
- Cooperation and Honesty.
You will be honest with us and with each other providing complete and accurate information about who you are and update any changes we need to know about you in order for us to continue to provide Services. It's prohibited to use false information or impersonate another person or company through your account. Professionals agree to abide by the Professional's Directory Services Requirements.
- Proper Account Set up.
If you register for Services or Directory Services on our Site you will create only one account (your own) using a unique password. You are responsible for any activity on your account so it's important that you take steps to protect your password. Your password, or account will not be shared with anyone else without our permission. Professionals agree to abide by the Professional's Directory Services Requirements.
- Protection of our Site.
You will not upload viruses or malicious code or do anything that could disable, overburden or impair the proper working or appearance of our Site, platform or technology. Nor will you reverse engineer our technology nor crawl, scrape, or spider any page of the Services or use any other automated or by-hand methods to access data or systems you do not have permission to access.
- Respectful of our Online Community.
You will abide by our Acceptable Use Policy terms. They ensure that you respect our online community and do not post anything that could potentially offend others or violate their rights, or break the law. Keep it clean, honest and nice.
- Scope of Services.
4. COLLECTION OF "YOUR CONTENT".Information We Collect.
In connection with our provision of Services, we will collect information from you about who you are, what services you want to obtain or to give, and for commercial Users, a description of your business. We may collect content you upload through our Site or apps, or information you provide to us through emails or telecommunications. All of this information we will call "Your Content" and Your Content may include:
- Visitor Traffic.
- Ordering Information.
We will need to collect from Users and Professionals the following information when you sign up for our Services and/or contact a Professional if a User using the contact information on our Site including on a Professional's Profile Page:
- Contact Information:
address, contact information, and for Users and Visitors seeking commercial contractors, an employee or owner contact name
- Services information:
If a User, we may collect information relating to the types of services needed
- Telecommunications with Professionals are Recorded:
In order to facilitate the Directory Services we provide to the Professional, we may track and record your telephone or cellular communications with Professionals using the contact information provided on our Site including on the Professional's Profile Page.
- Contact Information:
- For Professionals
who wish to sign up for our Directory Services and be listed in our directory of service providers and/or have a profile page ("Profile Page") on our Site, we need you to provide us sufficient information in order to process your application as a Professional in accordance with the Professional's Directory Services Requirements.
- Online Content.
Content you post using our Services may include:
- Any names, photos, videos, reviews, comments, usernames, links or other data or text you elect to upload. business description, reviews, comments, usernames, and links
- Online Forum discussions
- Online discussions and Support questions
- Data, text and any other content you elect to upload, post or transmit through the Services
- All data, graphics, text, names, marks, logos, hypertext links to other websites and other information incorporated in, transmitted through or published or displayed on a Professional's Profile Page on our Site.
- For Professionals, all the applicable content above including all of Your Content in your Profile and on your Profile Page(s), including your trademarks and logos. See the Professional's Directory Services Requirementsfor additional requirements.
Third Party Collection of Data. Please note that we have no responsibility for the collection of data, including your Personal Data, outside the scope of our Services.
- Visitor Traffic.
5. MANAGEMENT OF YOUR CONTENT AND OUR RIGHT TO USE IT.
- You are responsible for Your Content.
- Your Content including Reviews should be lawful, respectful and honest.
Any of Your Content, including reviews that you post must avoid being offensive, illegal, discriminatory, dishonest as required under our Acceptable Use Policy and our House Rules. Please review the House Rules in Section 3 above and the Acceptable Use Policy carefully including our review requirements since any violation of this could result in our removing Your Content and/or suspending or terminating your use of our Services.
- You need to backup Your Content.
You are responsible for backing up Your Content and ensuring that you have copies in the event your account is suspended or cancelled. We have no obligation to return Your Content to you if your account is terminated or suspended.
- You give us Permission to use Your Content.
By posting Your Content on our Site and/or accessing the information on our Site to contact a Professional or to set up a Profile and Profile Page if a Professional, you are granting us (including our parent company and affiliates) permission to collect, store and use it. You still retain the ownership of Your Content; this grant to us allows us to maintain the Site and to perform and improve the Services. The legal grant of rights is as follows:
You hereby grant us a worldwide, royalty-free, fully-paid-up, non-exclusive, transferable, sublicensable, perpetual, irrevocable license to copy, perform, display, store, distribute, translate, and edit, modify, and create derivative works from (including incorporating into other works), hyperlink, and otherwise use Your Content you post for the purpose of enabling Us to provide the Services, including, without limitation, storing and retrieving Your Content, making Your Content available through the Services, marketing and promoting our Services on our Site and through any format or channels, including third-party websites or advertising mediums, adapting, reformatting and modifying the Content for technical display and transmission, conforming Your Content to the limitation and terms of the Services, and any other use related to the maintenance, provision and improvement of the Site, App and Services, including making archival or back-up copies of Your Content on our Site.
We reserve the right to edit or remove Your Content, in whole or part, for any reason (which may include a violation of our House Rules in Section 3 above or our Acceptable Use Policy, or in accordance with applicable law). We do not guarantee that we will publish all of Your Content.
You are welcome to provide us suggestions and feedback as to how better improve our Services. Any such unsolicited ideas or other materials you submit to Us are considered non-confidential and non-proprietary to you and we will have the rights contained in the license grant above to use and incorporate your feedback into our sites and Services any suggestions, enhancement requests, recommendations or other feedback provided by you at no cost.
- Your Content that you post on our Site is not Confidential.
- You are responsible for Your Content.
Professionals agree to make timely payment of applicable fees as set forth in the Professional's Directory Services Requirements.
Unless you have entered into an agreement with us that specifies otherwise, Users or Professionals who have set up an account with us may terminate any time from your account settings. For more information, Professionals should review the Professional's Directory Services Requirements.
8. NO WARRANTIES.
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, PLATFORM, APPS, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITE, PLATFORMS, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
EXCEPT AS OTHERWISE REQUIRED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE PROHIBITED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO:
THE SECURITY, RELIABILITY, TIMELINESS, APPROPRIATENESS, ACCURACY AND PERFORMANCE OF OUR SITE AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE AND SERVICES. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any individual information provider provided on our Site, or any other Site you access through our Site, including the websites of Professionals. Reliance upon any such advice, opinion, statement, or other information shall be at the Visitor's own risk;
THE SCREENING PROCESS OF THE PROFESSIONALS OR THE INFORMATION PROVIDED ON THE PROFESSIONALS (ON OUR SITE OR ANY OTHER SITE YOU ACCESS FROM OUR SITE), INCLUDING REVIEWS IS ACCURATE, RELIABLE, SUFFICIENT OR UP-TO-DATE. The provision of information related to the Professionals is for general informational purposes only and is not intended to be relied upon as the basis for any decision nor does it constitute a recommendation to make any decision. We assume no responsibility for, nor do we endorse the content, offerings, description or provision of services by any Professionals. Users are encouraged to undertake their own enquiry relating to a Professionals' professional background as they deem necessary.
THE QUALITY, APPROPRIATENESS, TIMELINESS, COST EFFECTIVENESS OF ANY OF THE PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR BY THE PROFESSIONALS OR OTHER THIRD PARTIES, OR THE DATA HANDLING BY ANY PROFESSIONAL OR OTHER THIRD PARTY OUTSIDE THE SCOPE OF SERVICES. We make no warranties on any products, services, information, or other materials purchased or obtained by you through the Services nor warrant that they will meet your expectations. We have no responsibility for the data handling practices of the Professionals or other third parties that are undertaken outside the scope of these Services.
THAT THE SITE AND ITS PERFORMANCE AND OPERATIONS WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, OR ERROR FREE OR THE SITE AND/OR THE SERVER UPON WHICH IT IS BASED ARE FREE OF VIRUSES, SPYWARE, WORMS, ADWARE, TROJAN-HORSES, AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT, NOR THAT THE SITE WILL BE SUBJECT TO CORRECTION.
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9. DISCLAIMER OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, INCLUDING OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR SERVICES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR INABILITY TO USE OUR SITE OR SERVICES INCLUDING THE CONTRACTING SERVICES OF THE PROFESSIONALS; OR (2) ANY OTHER MATTER RELATED TO OUR SITE OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO US SHALL IN NO EVENT EXCEED FIVE HUNDRED DOLLARS ($500).
11. RIGHT TO USE OUR SITE AND RESTRICTIONS
- Scope of Use.
- USE RESTRICTIONS.
- Scope of Use.
12. THIRD-PARTY SITES.
13. REPORTING VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS, OUR POLICIES OR APPLICABLE LAW
The content that is published on this Site is not within our control. We are under no obligation to, and do not scan the content used in connection with our Services to determine its appropriateness or illegality. We respect the copyright interests of others, however, and will take appropriate action upon receipt of notice that any materials published on our Site infringe another party's copyright.
If you believe any materials contained on our Site infringe another's copyright, you should provide us with written notice that is sufficiently detailed as to permit us to a) locate the allegedly offending material; b) ascertain the legitimacy of the claim that the material is offending and the identity of the copyright owner, and verification of your status as someone authorized to act on behalf of an owner of a right that is allegedly infringed if such a claim is made; c) your contact information sufficient so that we may contact you including your email address and telephone.
Upon receipt of such notice, we will, in appropriate circumstances and at our discretion, remove the offending material or terminate the account or access of users who infringe the intellectual property of others. Such notice (pursuant to the Digital Millennium Copyright Act), may be sent to us as follows.
60 Silvermine Road
Seymour, CT 06483
14. DISPUTE RESOLUTION AND ARBITRATION.
Our Services are controlled and operated from the United States and our software underlying our Services may be subject to United States export controls. None of our software may be downloaded or otherwise transported or transferred in violation of any applicable laws or regulations including United States export laws.
17. GOVERNING LAW / JURISDICTION.
We will abide by all applicable U.S. and Canadian laws relating to non-discrimination including on the basis of race, color, handicap, age, religion, national origin, sex, and sexual orientation in the delivery and performance of our Services, including our screening of Professionals, Anyone suspecting a violation of discrimination laws in connection with our Site or Services should promptly contact us at [email protected] or 1-800-281-3765.
ACCEPTABLE USE POLICY
This Acceptable Use Policy ("AUP"), applies to your use of our website, platform or services ("Services"). The AUP is designed to ensure compliance with the laws and regulations that apply to us. It also protects our customers and users, as well as our goodwill and reputation.
The AUP is very important to us and you cannot use the Services unless you agree to them. By using these Services, you are indicating your acceptance of the AUP.
You agree to abide by the following AUP requirements:
1. Services may be used only for a proper and appropriate purpose. You may not violate any applicable law or regulation, or encourage any conduct that could constitute a criminal offense or give rise to criminal liability. Prohibited behavior includes:
Using our Services to violate any law, rule or regulation;
Engaging in conduct that is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, harmful, discriminatory, pornographic, obscene or offensive.
Falsifying your user identity information to us or other users of the Services;
Review Policy. We want to promote a safe and respectful online community. Reviews may only be made in accordance with this AUP and by the person or entity who has first-hand experience with the products, business, or individual whose services are the subject of the Review. Reviews that are fake, spam, off-topic, impersonating others, or made for financial gain are not permitted.
Negative Reviews of Professional Contracting Services. Reviewers should keep in mind that reviews can impact a contractor's reputation and livelihood. If you have had a negative experience, try to resolve it first with the Professional directly if possible before posting a negative review. If you have feedback, present it in an honest and respectful manner as opposed to personal attacks or using derogatory or vindictive language. We reserve the right to display, publish, post or remove reviews submitted on the Site.
2. You cannot engage in deceptive or unsolicited email or communication practices or violate the CAN-SPAM Act, FCC or its equivalent, or any other local state law relating to electronic communications. Prohibited conduct includes:
Junk or unsolicited bulk or commercial email, spam, chain letters, pyramid schemes, posting multiple messages on our website including forums that are similar in content, sending email in an anonymous fashion, forgery in an email or its contents, robo-dialing or sending unsolicited calls or commercial advertising.
3. You may not infringe on our or any third party's intellectual property rights (e.g., trademark, copyright, patent, trade secret, or other proprietary rights) or the rights of publicity or privacy. Prohibited behavior includes:
Removing any copyright, trademark or patent notice contained on or accessible through our website that is not your own;
Transmitting any material, non-public information or trade secret about any person, company or entity without the authorization to do so;
Posting photos, videos or other content on or through our website for which you do not have a legal right to do so, and/or or which could violate a third party's right to privacy or right of publicity.
4. You may not use or sign up for our Services for the purpose to obtain proprietary knowledge about our offerings and systems in order to acquire a commercial advantage as a competitor.
5. You will report any suspected violations of this AUP to us at the email set forth below and cooperate with us in any investigation of a violation of this AUP, including our requests for removal of any offending practice by you in violation of the AUP.