Terms of Use
Last updated on 09.08.2024
These Terms of Use ("
Terms") outline your legal rights and obligations as a user of our service, accessible at
http://www.homeshowerexpert.com (the "
Service"). The Service allows you to request repairs or renovations and find Contractors.
If you do not agree with these Terms, please do not use the Service.
Our handling of personal data in relation to your access and use of the Service is detailed in our Privacy Notice.
For any questions or comments about these Terms, please
contact us.
Entire Agreement
In brief: This document constitutes the entire agreement between homeshowerexpert.com and the users of the Service. By using the Service, you agree to comply with these Terms and applicable laws.
These Terms, along with any operating rules and policies posted on our website, including the Privacy Notice, represent the complete and legally binding agreement governing your use of the Service between homeshowerexpert.com and Homeowners ("you") - individuals seeking to arrange repairs or renovations and find a contractor.
"Contractors" refers to legal entities providing repair or renovation services to Homeowners.
By using the Service, you represent and warrant that you:
- Have read, understand, and agree to be legally bound by these Terms;
- Are eligible to enter into this agreement and are not restricted by local laws from using the Service;
- Are 18 years of age or older (or are using the Service under the supervision of a parent or guardian);
- Are either the property owner or have the property owner's authorization to carry out repairs or renovations;
- Will comply with these Terms and all applicable laws and regulations.
A printed version of these Terms will be accepted in judicial or administrative proceedings related to the Service just like other business documents and records originally maintained in printed form.
homeshowerexpert.com Services for Homeowners
In brief: The homeshowerexpert.com Service helps Homeowners find Contractors for renovation services. You can request renovations, and we will match you with a suitable Contractor.
To request renovations, Homeowners should provide all necessary information on the Service, including location, type of repairs or renovations, and contact details. After submitting the request, you will receive a confirmation email with a summary. This information is sent directly to the Contractors and cannot be modified or canceled through the Service.
Our team strives to oversee the service process provided by Contractors. However, once the information is transferred, homeshowerexpert.com does not participate as a party and does not guarantee that services will be provided. Contractors are responsible for communicating with Homeowners, agreeing on service terms, and resolving any disputes related to the renovation services.
Any Contractors contacting you through our Service are our clients. Please inform us if Contractors attempt to deceive us by reporting false information regarding the repairs or renovations they have not provided.
Intellectual Property
In brief: All materials and intellectual property rights associated with the Service are owned by homeshowerexpert.com or are included with the owner's consent. We grant you a limited license to use the Service and its Content as specified in these Terms. Violations of these restrictions may result in termination of your access to the Service, legal actions, and damages. You may also publish your content, granting homeshowerexpert.com certain rights to display and share it.
homeshowerexpert.com Content
The Service is operated and managed by homeshowerexpert.com.
All Service materials, including data, text, graphics, charts, information, images, drawings, trademarks, logos, video, sounds, music, software, games, scripts, characters, and other materials (collectively, "Content"), along with the copyright and other intellectual property rights, are owned by homeshowerexpert.com or included with permission from the owner.
Subject to your compliance with these Terms, homeshowerexpert.com grants you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to use the Service and its Content on your device(s) as provided in these Terms.
Under this license, you may not:
- Use any automated system or manual process to monitor, copy, or "scrape" web pages or content from the Service for any unauthorized purpose without our prior written consent;
- Bypass, disable, impair, or circumvent any technological measures implemented by the Service to protect the content;
- Probe, scan, or test the vulnerability, security, or authentication measures of the Service or any network connected to the Service;
- Use the Service for illegal activities;
- Harass, intimidate, impersonate others, falsify your information, misrepresent a relationship with any person or entity, including homeshowerexpert.com, or otherwise mislead others;
- Alter or remove any ownership notices from materials downloaded or printed from the Service.
Any attempt to violate these Terms or the rights of homeshowerexpert.com will result in review and possible termination of your access to the Service, and you may face legal actions and damages.
User Content
You may submit comments and feedback using trademarks, logos, trade names, texts, images, designs, graphics, icons, files, or other materials and information ("User Content"). If you provide User Content through the Service, please be aware that this content will be visible to other users. You retain ownership of your User Content and any information you submit or post, as it pertains to your relationship with homeshowerexpert.com.
By submitting User Content, you grant homeshowerexpert.com a limited, revocable, non-exclusive, sublicensable, transferable, royalty-free, perpetual, worldwide license to access, use, copy, modify, distribute, publish, reproduce, create derivative works from, store, cache, and otherwise fully exploit your User Content. This license does not require any additional consent, notice, or compensation to you or any other parties.
You can terminate this license at any time by deleting your User Content. However, the license and permissions regarding User Content will remain effective for users who have previously downloaded or used your User Content.
By creating or publishing any User Content, you affirm and warrant that:
- The creation, distribution, downloading, or copying of such User Content does not infringe upon the rights of any third party;
- You are either the creator and owner of or have obtained the necessary licenses, rights, consents, releases, and permissions to use your User Content as outlined in these Terms;
- You are solely responsible for any personal data that may appear in your User Content, such as names, addresses, images of people, contact details, bank information, etc.
You are prohibited from using the Service in any way not expressly permitted by these Terms, including but not limited to:
- Publishing content that includes pornographic or sexually explicit material, offensive language, or propaganda of racism, hatred, or physical harm against any group or individual;
- Sending spam or collecting personal information about users, such as names, phone numbers, addresses, or emails, without prior consent;
- Engaging in activities or submitting content that is false, misleading, promotes illegal activities, or is abusive, threatening, obscene, defamatory, or libelous;
- Harassing, threatening, intimidating, impersonating others, falsifying information, misrepresenting relationships, including with homeshowerexpert.com, or otherwise misleading others;
- Deviating from the intended topic of communication ("off-topic") or regularly posting irrelevant information (flooding);
- Promoting advertisements, contests, sweepstakes, or pyramid schemes without our prior written consent;
- Using automated means or manually copying content, collecting user data without our prior written consent;
- Overloading the Service with excessive amounts of information or data that disrupt its operation, security, or accessibility for other users;
- Attempting to probe, scan, or test the vulnerability, security, or authentication measures of the Service or any connected network.
homeshowerexpert.com may, but is not obligated to, monitor content and is not responsible for or liable concerning any User Content.
Warranties and Disclaimers
In brief: The Service is provided "as is." We make no guarantees regarding the Service or its Content. We will strive to address any malfunctions promptly.
The Service is provided "as is."
Except as specifically provided in these Terms, homeshowerexpert.com disclaims all other warranties concerning the Service, its features, and Content, to the fullest extent permitted by law, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party intellectual property rights.
homeshowerexpert.com does not guarantee that the Service will be uninterrupted or secure, nor that any defects will be corrected.
homeshowerexpert.com does not provide guarantees to Homeowners or Contractors regarding the provision or acceptance of services. If Contractors refuse to provide services or if there are issues with service results or payments, homeshowerexpert.com will not be involved in such disputes. We also do not guarantee immediate fulfillment of requests, as it depends on the nature of repairs and the Contractors available.
Limitation of Liability
In brief: You are responsible for using the Services in accordance with these Terms and applicable laws. homeshowerexpert.com's liability is limited as described in this section, so please read it carefully to understand what to expect.
homeshowerexpert.com is not responsible for any inaccuracies or incomplete information, materials, or Content available through the Services.
You are solely responsible for ensuring that your actions within the Service comply with applicable laws, regulations, and the terms of any third-party services you use.
Contractors are fully responsible for the actions of their employees, contractors, or consultants in the event of any damage, criminal acts, or other wrongful behavior toward Homeowners or their property during service provision.
Under no circumstances shall homeshowerexpert.com, its affiliates, directors, partners, employees, contractors, or agents be liable for any direct, indirect, incidental, special, punitive, or consequential damages related to the use or inability to use the Services. This includes, but is not limited to, damages resulting from the use of information or Content provided through the Services, or from errors, omissions, interruptions, defects, or viruses, even if homeshowerexpert.com has been advised of the possibility of such damages.
These limitations of liability do not apply to the extent prohibited by law.
If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable, or if we are found liable to you for any reason, our total liability for all claims in such circumstances shall not exceed the total amount of payments made by you to homeshowerexpert.com in the year preceding the claim.
Indemnification
In brief: If you breach these Terms, misuse the Service, or violate any laws or third-party rights, you agree to indemnify and defend homeshowerexpert.com.
You agree to defend, indemnify, and hold harmless homeshowerexpert.com, our affiliates, directors, partners, employees, contractors, and agents from any and all claims, damages, losses, and expenses, including reasonable legal and accounting fees, arising from: (i) any breach of these Terms by you; (ii) your use or misuse of the Service and/or Content; (iii) any violation by you of applicable laws, third-party intellectual property rights, or any agreements with third parties; or (iv) claims from Contractors regarding their services, wrongful acts of their employees and contractors, or any actions that caused harm.
We reserve the right to manage our legal defense as we see fit, including when you are indemnifying us. Therefore, you agree to cooperate with us in executing our strategy.
Applicable Law and Jurisdiction
In brief: We aim to resolve all issues amicably, but if a serious dispute arises, it must be resolved through the American Arbitration Association.
Except where prohibited by law and without limiting any statutory consumer rights, you agree that any disputes, conflicts, claims, or controversies arising out of or relating to the Service or these Terms, including their validity, construction, or enforceability, shall be resolved through amicable negotiations directly with the homeshowerexpert.com team in good faith.
If a consensus cannot be reached through negotiations, any disputes or claims arising out of or relating to these Terms or any breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The judgment on the arbitration award may be entered in any court with jurisdiction.
Claims will be heard by a single arbitrator. The arbitration will take place in Philadelphia, Pennsylvania, and will be governed by the laws of the State of Delaware. Each party will bear its own costs and expenses, as well as an equal share of the arbitrator's and administrative fees. The arbitrator's award will include a reasoned opinion. Except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
Electronic Communications
In brief: We use email to communicate with our users. This includes sending updates, recommendations, and information about your use of the Service. You can unsubscribe from commercial emails at any time by following the instructions in those emails.
By using the Service and providing your contact information, you consent to receiving electronic communications from us regarding (i) your use of the Service; and (ii) updates to the Service and these Terms.
You can unsubscribe from receiving commercial emails from us by following the instructions provided in those emails.
For more information on how we handle personal data, please refer to our Privacy Notice.
Third-Party Websites and Services
In brief: Some features of the Service rely on third-party services that we do not control, so we cannot guarantee uninterrupted operation of all features. Some features may be compatible with third-party websites and services, but we cannot ensure that all features are always available and uninterrupted.
You acknowledge that different terms of service and privacy policies may apply to your use of third-party websites, services, and content. homeshowerexpert.com is not responsible for any losses, damages, or other liabilities incurred from interactions with such third-party websites and services.
Other Terms
We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.
We reserve the right to modify these Terms at any time at our sole discretion. If there are material changes affecting your use of the Service, we will notify you via email before the changes take effect. Continued use of the Services constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will continue to be fully valid and enforceable.
Questions and Contact Information
If you have any questions or comments regarding these Terms of Use or the Services, please contact us at: