Terms and Conditions

 

Click here for: Service Provider Terms and Conditions

 

Customer Terms and Conditions of Use
 
Effective Date: 02/05/2022
 
Introduction
Welcome to our Website. The Website is maintained by Crowe Enterprises, LLC d/b/a Realtor Referred Home Service Providers (“Realtor Referred Home Service Providers”, “we”, “us”, “our”) as a service to our customers. By accessing, visiting, browsing, using, or attempting to interact with or use any part of the Website (collectively “use”), or any of our services or content (collectively “Service” or “Services”), you or your third-party representative acting on your behalf (“user”, “you”, or “your”) agree that you have read, understood, and agreed to comply with, and be bound by this Customer Terms and Conditions of Use Agreement (collectively, these “Terms” or this “Agreement”). These Terms constitute a legally binding agreement between you and us, whether you access the Website as a guest or a registered user.
 
The most current version of these Terms supersedes all previous versions. Please review these Terms carefully and frequently. We reserve the right to change these Terms at any time and without notice to you, if we so choose. Accordingly, you should check these Terms for time to time to ascertain if any changes have been made. Your continued use of the Website or any Service constitutes your acceptance of such changes to this Agreement.
 
If you do not agree to these Terms you are prohibited from using the Website.
 
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES AND CLAIMS WILL BE ADDRESSED BETWEEN US; SPECIFICALLY, THIS AGREEMENT WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT ANY CLAIMS OR DISPUTES YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND PROHIBITS YOU FROM SUBMITING SUCH CLAIMS OR DISPUTES AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASE, GROUP, OR REPRESENTATIVE ACTION, OR PROCEEDING.
 
Agreement
This Agreement specifies the terms and conditions for access to and use of www.realtorreferred.com (the “Website”) and incorporates by reference the Introduction paragraphs above. This Agreement may be modified at any time by us upon posting of the modified Agreement on the Website. Any such modifications shall be effective as of the amended “Effective Date”. You can review the most recent version of this Agreement at any time at the Website. Each use by you shall constitute and be deemed your unconditional acceptance of the then current version of this Agreement.
 
Scope of Services
Realtor Referred Home Service Providers is intended only to connect you to other users of the Website. Such other users (“Service Provider” or “Service Providers”) are providers of realtor services, home improvement, repair, maintenance, or other types of home improvement projects (“Project” or “Projects”). You may post your Project request (“Service Request”) on the Website to receive quotes from Service Providers (“Quotes”). Once Quotes are received in response to your Service Request, it is up to you to vet the Quotes and Service Providers and decide whether or not to hire a Service Provider for your Project. After you schedule a Project the scope of work may be expanded before the Service Provider completes the original Project (“Change Order”). The Service Provider is responsible for updating the Quote information in the Website and adding the details of the Change Order to the Quote.
 
Non-Circumvention
You acknowledge that we use substantial resources and effort to ensure the Website’s functionality and to connect you with Service Providers. You hereby agree that you will not circumvent or attempt to circumvent the Website or these Terms, or in any way procure Projects from a Service Provider outside the Website without our prior written consent, except that you are permitted to hire Service Provider for Ongoing Maintenance Services outside of the Website. “Ongoing Maintenance Services” are defined as continuous services by Service Provider provided to you after your first Project solely to maintain your real estate asset(s).
 
Ongoing Maintenance Services are outside the scope of this Agreement and are not under our control, and you acknowledge that Realtor Referred Home Service Providers, its employees, agents, officers, directors, affiliates, assignees, and subsidiaries are not responsible or liable for any Ongoing Maintenance Services. The inclusion of any such Ongoing Maintenance Services on our Website does not imply that we endorse the Ongoing Maintenance Services. You acknowledge and agree that Realtor Referred Home Service Providers, its employees, agents, officers, directors, affiliates, assignees, and subsidiaries shall not be responsible or liable, directly or indirectly, for any damages or losses of any kind whatsoever that are caused or alleged to be caused by or in connection with the use of Ongoing Maintenance Services. Access and use of Ongoing Maintenance Services is solely at your own risk.
 
 
Should you breach your promise not to circumvent or attempt to circumvent the Website or these Terms, except as otherwise permitted in this Agreement, you shall be removed from the Website and prohibited from future use of the Website, in addition to any other remedies available to us under this Agreement, law, or at equity.
 
Service Provider Qualifications
Unless otherwise disclosed by us on our Website, Service Providers shall be considered unlicensed. It is your sole responsibility to 1) determine for yourself whether a Service Provider is qualified to perform the Project(s) you need completed; and 2) determine through review of state or local requirements if a Service Provider is required to be licensed to perform the Project(s) you need completed. We only provide a marketplace in which homeowners seeking Projects may communicate and transact with Service Providers that work independently. We do not endorse any Service Providers and make no representations or warranties concerning the qualifications of Service Providers on the Website except as detailed below.
 
Reviews
We do not vouch for the accuracy of reviews posted on the Website. You acknowledge and agree that feedback benefits the marketplace, and anyone who uses the Website, and you specifically request that we post feedback about users and Service Providers on the Website. You acknowledge and agree that feedback of you may include comments, ratings, indicators of satisfaction, and other feedback, and that we will make such feedback results available to all users of the Website. We provide feedback as a means by which users of the Website can share their opinions publicly and we do not monitor or censor those opinions. Those reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of a Project or skills or abilities of a Service Provider.
 
Service Provider Background Check Process
Realtor Referred Home Service Providers does not check the background of any Service Provider, whether they are a “Preferred” Service Provider or not. The “Preferred” label simply means that a realtor has recommend that Service Provider to our Website. It does not imply that we have, in any way, vetted the “Preferred” Service Provider. We cannot confirm that any Service Provider is who they claim to be, and therefore, we cannot, and do not assume any responsibility for the accuracy or reliability of any information provided through the Website or the Service Provider about the Service Provider. Realtor Referred Home Service Providers does not and cannot guarantee that a Service Provider’s profile is current or up to date, and this is true whether or not they have a “Preferred” label on their profile. You should therefore exercise caution and common sense to protect your personal safety and property for any Projects you arrange through the Website, just as you would when interacting with strangers in other settings.
 
Excluded from Services
Realtor Referred Home Service Providers does not provide Projects, Ongoing Maintenance Services, or realtor services through the Website and is not responsible, in any way, for the Projects, Ongoing Maintenance Services, or realtor services.
 
Excluded Projects
The following may not be scheduled through the Website or performed as a Change Order:
·         Professional services not permitted under law or by regulation to be established through the Website (e.g., legal, accounting, financial advising, etc.);
·         Projects that involve the handling of weapons, explosives, or hazardous materials; or
·         Any Project that is illegal or criminal in nature in the state or locality in which it is posted or takes place.
 
ANY DECISION BY YOU TO ACCEPT PROJECT(S) THROUGH THE WEBSITE IS A DECISION MADE IN YOUR SOLE AND ABSOLUTE DISCRETION. YOU HEREBY AGREE THAT IT IS ENTIRELY UP TO YOU TO EVALUATE THE SERVICE PROVIDER, THE SERVICE PROVIDER’S QUALIFICATIONS, AND THE SERVICE PROVIDER’S ABILITY TO MEET ALL OF YOUR REQUIREMENTS. EACH PROJECT PROVIDED BY A SERVICE PROVIDER ON YOUR BEHALF SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN YOU AND THE SERVICE PROVIDER YOU HIRE FOR A PROJECT. SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES OR SUBCONTRACTORS OF REALTOR REFERRED HOME SERVICE PROVIDERS. WE MAKE NO REPRESENTATION AND ARE NOT RESPONSIBLE FOR THE PERFORMANCE (OR LACK THEREOF) OF SERVICE PROVIDERS, NOR DOES REALTOR REFERRED HOME SERVICE PROVIDERS HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY PROJECTS. WE DO NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR LEGALITY OF PROJECTS DELIVERED BY SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLAINCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, WE ARE NOT AFFILIATED WITH, ENDORSE BY, OR SPONSORED BY ANY SERVICE PROVIDER.
 
Payments and Fees
You and the Service Provider you hire through our Website contract for Projects and Ongoing Maintenance Services directly; Realtor Referred Home Service Providers is not a party to any contracts for Projects or Ongoing Maintenance Services. We simply facilitate those contracts by supplying the Website by which you and Service Providers can connect, schedule Projects, and make payments for Projects directly from you to the Service Provider. Upon the Completion of the Project, you hereby authorize us to utilize a third-party payment processor of our choice to facilitate your payment remittance of all applicable charges and fees between you and a Service Provider which shall include: 1) the total fee agreed to between you and the Service Provider (including any additional amount derived from a Change Order); 2) any costs associated with the Project that were included in the Quote and any Change Orders; 3) any material expenses agreed to by and between you and the Service Provider; and 4) any tip or gratuity you elect to give to the Service Provider, the amount of which shall be paid in full to Service Provider. “Completion of the Project” shall occur when payment is rendered. Any Quotes or Change Orders provided are exclusive of taxes. You will be liable for all transaction taxes on Projects.
 
All payments transacted through a third-party payment processor shall be subject to that processor’s terms and conditions. As a condition of us facilitating payment processing through a third-party payment processor, you agree to provide us accurate and complete information about you, and you authorize us to share it and the transaction information related to your use of the payment processing services provided by the third-party payment processor.
 
Miscellaneous
The use of the Website may be subject to third-party agreements and fees, including, but not limited to fees charged by mobile network operators, including charges for data usage and overage, all of which are your sole responsibility.
 
By using our Website to access our Services you hereby agree that you will not circumvent the Website by soliciting, scheduling, or paying for the services from Service Providers with whom we connect you to through our Website.
 
Refunds
No refunds will be issued by us for our Services, Projects, or Change Orders provided by Service Provider.
 
Cancellations
You may cancel your Service Request through the Website at any time penalty-free before you approve a Project. Once you have approved a Project, it is your sole responsibility of to notify Service Provider directly of any cancellations and in accordance with any agreement you have with them (if any). We are not responsible for cancelling any Project you have accepted, nor will we provide any information to you about how to cancel a Project you have accepted.
 
Communications
By using the Website you are hereby requesting, and expressly consent to being contacted by us, by our agents, or representatives, and Service Providers via the Website, phone, fax, email, mail, text, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, local, and other applicable laws, and regulations, or other applicable “Do Not Call” list, and even if you have previously opted-out from receiving marketing communications from us so that we may provide Services to you. You agree that all consent provided in this section will survive termination of this Agreement;
 
You hereby: (1) consent to receive communications from us in an electronic form; and (2) you agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The previous sentence does not affect your statutory rights.
 
Privacy
Your visit to our Website is also governed by our Privacy Policy, and any other posted policies, guidelines, or rules applicable to your use of the Website and any Services, which are all incorporated into this Agreement by this reference. You may review our Privacy Policy, and any other posted policies, guidelines, or rules applicable to your use of the Website and any Services on the Website.
 
We may, without further notice or warning to you, and in our sole and absolute discretion access, store, use, and disclose messages and data that occur on our Website between you and other users, for any business purpose whatsoever, including, but not limited to providing and improving customer service and our Website, preventing fraud, and identifying violations of this Agreement.
 
Permission to Use the Website
We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
 
Your Account
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Website. By completing a user profile, you consent for your profile and any content provided therein to be shown to other users of the Website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account and your use of the Website. By creating an account, you agree to provide true, accurate, and complete information on your profile. You agree to notify us immediately of any unauthorized use of your account. You are prohibited from impersonating someone else, creating, or using an account for anyone other than for yourself, provide an email address other than your own, or create multiple accounts.
 
Website Availability
The Website may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
 
Intellectual Property Ownership
All content included on the Website, including anything you post on your profile page (“Content”) is and shall continue to be the property of Realtor Referred Home Service Providers or Service Providers, or other third parties and is protected under applicable copyright, trademark, patent, and other proprietary intellectual property rights. Any copying, redistribution, use, or publication by you of any Content is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Website. The Website is licensed to you for use only as set forth in these Terms. We have the absolute right, in our sole discretion and for any reason, to review, reject, modify, and remove any of Content on our Website.
 
You hereby represent and warrant that you own or have all necessary rights (including any necessary permissions and releases) to upload, display, and use any content, of any type and in any form or medium, that you post on the Website (“Your Content”) and that you own or have all necessary rights (including necessary permissions and releases) to grant us the rights contained in this Agreement to Your Content. You further warrant and represent that our use of any of Your Content as contemplated by this Agreement does not violate the intellectual property rights of any other person or other third-party, except as you notify us in writing of any restrictions or limitations of use.
 
Advertising
We may publicly display advertisements and other information adjacent to or included with your profile.  You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
 
Intended Audience
Adults
The Website is intended for individuals 18 or older only. This Website is not intended for anyone under the age of 18. You must be at least 18 years of age to access and use the Website. If you are younger than 18 you are prohibited from using the Website. By your use of the Website you represent and warrant that you are at least 18 years old, are of legal age to form a binding contract with us in the jurisdiction in which you reside and are otherwise capable of entering into legally binding contracts.
 
United States Users
The Website and our Services are intended only for United States customers. If you visit the Website from outside the United States, your information may be transferred to, stored, and processed in the United States where our Website is hosted. The data protection and privacy laws of the United States may not be as comprehensive as those in your country. By using the Website and the Services available on the Website, you do so without our consent, and you hereby agree to the transfer of your information to the United States and its collection, storage, sharing, and use as described in our Privacy Policy located at on the Website. You further agree that all transactions relating to the Website and Services shall be deemed to have occurred in the United States.
 
Website Use
Realtor Referred Home Service Providers hereby grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal and non-commercial use. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works or other works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products, or Services obtained from or otherwise connected to the Website. Your ability to use the Website is at the sole discretion of Realtor Referred Home Service Providers and we may terminate your use of the Website at any time and for any reason or no reason at all.
 
Confidential Information
You agree to safeguard, keep secret, and not disclose to any third-party any Confidential Information learned, acquired, or provided by us to you during your use of the Website or our Services. “Confidential Information” includes any non-public information marked confidential or that ought to reasonably be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas, pricing information, and programming code, know-hows and processes, computer programs, technical documentation and data, and inventions, discoveries, and improvements of any kind. The obligations in this paragraph survive in perpetuity.
 
Restrictions
You agree not to, and will not help, encourage, or enable others to use the Website to transmit any content that is unlawful, promotes unlawful conduct, is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is false or defames, harasses, abuses, threatens, or incites violence towards any individual or group; or violates any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or violates the privacy of any person; or impersonates any person or entity, including us.
 
Additionally, you agree not to use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with another’s use of the Website; monitor or copy any of the material on the Website; attempt to gain unauthorized access to the Website or any portions of the Website; or otherwise interfere with the proper working of the Website.
 
User Disputes
In the event a dispute arises between you and a Service Provider, you and Service Provider are solely responsible for resolving the dispute on your own. We are under no obligation to become involved in or impose resolution in any dispute between you and a Service Provider and disclaim any such obligation.
 
Third Party Websites and Content
The Website may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to our Website. Those third-party websites are not under our control, and you acknowledge that Realtor Referred Home Service Providers, its employees, agents, officers, directors, affiliates, assignees, and subsidiaries are not responsible or liable for any third-party content, products, services, or any other aspect of such websites or resources. The inclusion of any such link does not imply that we endorse the website or resources or that we have any association with their operators.  You acknowledge and agree that Realtor Referred Home Service Providers, its employees, agents, officers, directors, affiliates, assignees, and subsidiaries shall not be responsible or liable, directly or indirectly, for any damages or losses of any kind whatsoever that are caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such website or resource. Access and use of third-party websites, including the information, materials, products, and services on any third-party websites or available through any third-party websites, is done solely at your own risk.
 
Compliance with Laws
You agree to comply with all applicable state, federal, and local laws regarding your use of the Website. You further agree that information provided by you to us through the use of our Website is truthful and accurate to the best of your knowledge.
 
Indemnification
You agree to indemnify and hold Realtor Referred Home Service Providers, its subsidiaries, affiliates, assignees, licensors, content providers, employees, agents, officers, directors, and shareholders (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold Realtor Referred Home Service Providers, its subsidiaries, affiliates, assignees, licensors, employees, agents, officers, shareholders, and directors, harmless from and against any claims brought by third parties arising out of your use of any content or information or Service accessed from the Website.
 
Release
OUR SERVICES ARE ONLY INTENDED AS A VENUE FOR CONNECTING YOU WITH SERVICE PROVIDERS. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, WE ARE NOT AFFILAITED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF OUR SERVICES OR THE WEBSITE, IS DIRECTLY BETWEEN YOU AND THAT THIRD-PARTY, AND YOU HEREBY IRREVOCABLY RELEASE REALTOR REFERRED HOME SERVICE PROVIDERS (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, ASSIGNEES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, AND DIRECTORS) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED, AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
 
Disclaimer
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ANY SERVICE OR INFORMATION PROVIDED BY THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. REALTOR REFERRED HOME SERVICE PROVIDERS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. REALTOR REFERRED HOME SERVICE PROVIDERS DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REALTOR REFERRED HOME SERVICE PROVIDERS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND REALTOR REFERRED HOME SERVICE PROVIDERS MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE, ANY SERVICE, OR ITS CONTENT. REALTOR REFERRED HOME SERVICE PROVIDERS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH REALTOR REFERRED HOME SERVICE PROVIDERS WEBSITE OR SERVICES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
 
Limitation of Liability
BY YOUR USE OF THE WEBSITE YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL REALTOR REFERRED HOME SERVICE PROVIDERS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, AND DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, THE CONTENT ON THE WEBSITE OR OUR SERVICES, EVEN IF REALTOR REFERRED HOME SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR REALTOR REFERRED HOME SERVICE PROVIDERS WAS GROSSLY NEGLIGENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT REALTOR REFERRED HOME SERVICE PROVIDERS IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE PROJECTS, AND THAT WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SERVICE PROVIDER OR OTHER USER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECTS.
 
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT, AND SERVICES IT PROVIDES IS TO CEASE ALL OF YOUR WEBSITE USE UNLESS SUCH LIMITATION IS HELD INVALID, ILLEGAL, OR UNENFORCEABLE, THEN, IN NO EVENT, WILL THE COLLECTIVE LIABILITY OF REALTOR REFERRED HOME SERVICE PROVIDERS AND ITS SUBSIDIARIES, ASSIGNEES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO REALTOR REFERRED HOME SERVICE PROVIDERS IN THE PRIOR MONTH FOR USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.
 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
 
Use of Information
We reserve the right, and, by your use of the Website, you authorize us to use, disclose, and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy which is found on the Website, as well as any other posted policies, guidelines, or rules applicable to use of the Website and any Service. Further, we reserve the right, and by your use of the Website you authorize us, at all times, to disclose any information you have provided to us through your use of the Website or our Services, as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
 
Additionally, by your use of the Website, you grant us the perpetual, nonexclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any information you provide through the Website for any purpose, including advertising and marketing purposes. By posting or sharing information on the Website, to the fullest extent permitted under the law, you grant us a non-exclusive license to access and use that information as permitted by these Terms and the functionality of the Website.
 
Further, by your use of the Website, and any information you provide through the Website, you represent and warrant that you own or control all rights in and to the information and have the right to grant the licenses granted above to us.
 
Digital Millennium Copyright Act Enforcement Information and Procedures
If you believe your copyrighted work(s) have been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to our Copyright Agent:
1.     An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.     A description of the copyrighted work that you claim has been infringed;
3.     A description where the material that you claim is infringing is located on the Website;
4.     Your address, telephone number, and e-mail address;
5.     A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6.     A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
 
Our Copyright Agent for notice of claims of copyright infringement on the Website is Charley Crowe who can be reached as follows:
            By Mail: 5705 Timber Lane, Raleigh, NC 27606
            By Phone: (919) 896-9307
            By E-Mail: Support@realtorreferred.com
 
Dispute Resolution
The exclusive means of resolving any dispute between you and us or any claim or controversy arising out of or relating to or that have arisen based on use of the Website and our Services (including any alleged breach of this Agreement) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW.
 
You hereby agree that you may not, under any circumstances, commence, participate in or maintain against us any class action, class arbitration, or other representative action or proceeding. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
 
This Arbitration Agreement will survive the termination or expiration of the Agreement and your relationship with us.
 
NOTICE OF RIGHTS:
·         By using the Website or our Services, you agree to the above Arbitration Agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
·         Any proceeding to enforce this Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.
·         In the event that this Arbitration Agreement is, for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in Wake County, North Carolina. You hereby consent to the jurisdiction of those courts for such purposes.
·         This Arbitration Agreement shall be governed by the Federal Arbitration Act.
 
Applicable Law
You agree that the laws of the state of North Carolina, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Realtor Referred Home Service Providers, its agents, employees, directors, officers, affiliates, or subsidiaries. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of North Carolina and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
 
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY US, OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
 
Severability
If any provisions of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
 
Waiver
The failure of Realtor Referred Home Service Providers, its employees, agents, officers, directors, affiliates, assignees, or subsidiaries to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Realtor Referred Home Service Providers, its employees, agents, officers, directors, affiliates, assignees, or subsidiaries must be in writing and signed by an authorized representative of Realtor Referred Home Service Providers.
 
Modification and Termination
Realtor Referred Home Service Providers may modify or terminate this Agreement at any time, with or without notice, for any reason. Additionally, Realtor Referred Home Service Providers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) or any Service (or any part thereof) with or without notice. You agree that Realtor Referred Home Service Providers, its employees, agents, officers, directors, affiliates, assignees, and subsidiaries will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Website.  You agree that Realtor Referred Home Service Providers, its employees, agents, officers, directors, affiliates, assignees, and subsidiaries will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Services, except as otherwise agreed between you and Realtor Referred Home Service Providers pursuant to a signed agreement.
 
This Agreement shall become effective upon your use of the Website, whether as a guest or registered user. You may discontinue your use of the Website at any time, for any reason. We may suspend or deactivate your account or revoke your permission to access the Website at any time, and for any reason, or for no reason, with or without notice to you. We reserve the right to refuse access to the Website for any reason not prohibited by law. If we terminate the Agreement or suspend your access to the Website for any reason, you are prohibited from registering a new account under a different name or alias.
 
The term of this Agreement, and any subsequent modification of this Agreement shall remain in effect at all times after you or we terminate your participation in or access to the Website or our Services.
 
Relationship of the Parties
Nothing contained in this Agreement or your use of the Website or Services shall be construed to constitute either you or Realtor Referred Home Service Providers (collectively in this section, “we”, “us”, “our”, “each other”, or “ourselves”) as a partner, joint venture, employee, or agent of each other, nor shall either of us hold ourselves out as such. Neither of us has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of each other, it being intended by both of us that we shall remain independent contractors solely responsible for our own actions.
 
Entire Agreement
This Agreement constitutes the entire agreement between you and us with regard to the subject matter contained herein and governs the terms and conditions of your use of the Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply to your use of the Website. We may revise this Agreement at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Agreement periodically to determine if any changes have been made. Your continued use of the Website after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement.
 
Contact Information
If you have any questions regarding this Agreement, please contact us so we can help:
·         Call Realtor Referred Home Service Providers at (919) 896-9307
·         Email Realtor Referred Home Service Providers at support@realtorreferred.com  
·         Mail Realtor Referred Home Service Providers at 5705 Timber Lane, Raleigh, NC 27606
 
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT YOUR USE OF THE WEBSITE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 
 
 
 
 

 


 

 

 
Service Provider Terms and Conditions
 
Effective Date: 02/05/2022
 
Welcome to Realtor Referred Home Service Providers! This Service Provider Terms and Conditions Agreement ("Agreement") governs the relationship between you and Crowe Enterprises, LLC d/b/a Realtor Referred Home Service Providers, its affiliates, and its agents, contractors, officers, shareholders, employees, successors, and assigns (collectively “Realtor Referred Home Service Providers”, “we”, “us”, or “our”) and constitutes a legally binding agreement between you and us. The terms “you”, “your”, “yourself”, “guest” or “registered user” includes you (the service provider), your company(ies), your assumed business name(s), affiliate(s), predecessor company(ies), agent(s), employee(s), representative(s), officer(s), shareholder(s), director(s), and subcontractor(s). Any references to “Website” or “Services” include any and all websites owned or operated by Realtor Referred Home Service Providers now or in the future, including any content, functionality, information, features, resources, and services offered on or through any and all websites owned or operated by us, now or in the future, regardless of whether you access said website(s) as a guest or a registered user.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER WHICH AFFECTS YOUR LEGAL RIGHTS AS DETAILED BELOW. PLEASE READ THIS AGREEMENT CAREFULLY.
By your use of the Website or by clicking to accept or agree to this Agreement when the option is made available to you, you accept and agree that you have read, understood, and agree to be bound and abide by this Agreement, in its entirety, including any future amendments and additions to this Agreement as published through the Website or our Services, and our Privacy Policy, which is incorporated herein by this reference.
We reserve the right to modify this Agreement at any time, effective upon posting of an updated version of this Agreement or any applicable supplemental terms on the Website. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. We will also provide separate email notice of updates to this Agreement to the email address you have provided to us. It is your responsibility to keep your email address updated in our system to ensure you receive notice.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS YOU MAY NOT USE OR ACCESS THE WEBSITE.
You and Realtor Referred Home Service Providers agree as follows:
1.     Our Services Include:
a.     Providing the Website so you may receive home improvement, repair, maintenance, or other types of home project (collectively, “Home Improvement”) requests for quotes from you (“Requests”) from homeowners, residential tenants, consumers, property managers, real estate professionals, and other persons and companies (collectively “Customers”) through the Website; and
b.    Sharing Requests with you via the Website according to the service offerings you claim to provide when registering on the Website.
2.     Use of the Services: We own all rights, title, and interest in the Website. The Website is protected by copyright and other intellectual property laws throughout the United States. Subject to this Agreement we hereby grant you a limited license to use the Website solely for the purposes of using the features of the Services that we market for the use of service providers. Any future release, update, or other addition to the Website shall be subject to this Agreement. We reserve all rights not otherwise granted in this Agreement.
3.     You Represent and Warrant:
a.     You are at least 18 years old, are of legal age in your jurisdiction of residence to form a binding contract, and are otherwise capable of entering into binding contracts;
b.    You have the right, authority, and capacity to enter into this Agreement personally and, if you are acting on behalf of any company, organization, or other legal entity then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to this Agreement, and agree to be bound by this Agreement on behalf of that entity;
c.     You are qualified and capable of performing the services, trade, and/or tasks on your Website profile;
d.    You are, and at all times during the Term of this Agreement will be, properly and fully licensed, bonded, and insured at levels in accordance with applicable industry standards, and under all applicable laws and trade regulations to which you are subject, and in the geographic locations where you will provide services to Customers, and that you have not been turned down for insurance coverage related to the services you provide;
e.     You will promptly provide us with documentation to verify licensure, bonding, and insurance upon our request;
f.     You will promptly inform us of any changes to your licensure, bonding, or insured status;
g.    You will comply with all changes to this Agreement;
h.     You are registered for sales, use, and other tax collection purposes in all states where you provide your services;
i.      You will not charge or attempt to charge a Customer a price other than the price in Your Quote. Should Your Quote need to be amended after reviewing the work at a Customer’s home or should the Customer wish to add additional services to the Project, you will make the adjustment to Your Quote through the Website to ensure all charges run though the Website, except as otherwise provided in this Agreement;
j.      Your background is free from any felony criminal convictions and that you will promptly notify us if, at any time during the Term of this Agreement, that a felony conviction has been entered against you;
k.     You have not been sanctioned or penalized by any governmental authorities in connection with the services you provide to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations;
l.      You own or have all necessary rights (including any necessary permissions and releases) to upload, display, and use any content, of any type and in any form or medium, that you post on the Website (“Your Content”) and that you own or have all necessary rights (including necessary permissions and releases) to grant us the rights in this Agreement to Your Content. You further warrant and represent that our use of any of Your Content under this Agreement does not violate the intellectual property rights of any other person or other third-party, except as you otherwise notify us in writing of any restrictions or limitations of use; and
m.   All of Your Content and any information you provide to us, by whatever means you provide it, will be true, accurate, up-to-date, and maintained in a professional manner and in compliance with all applicable laws and regulations at all times during the Term of this Agreement.
4.     You Acknowledge and Agree That:
a.     You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Website. By completing a user profile, you consent for your profile and any content provided therein to be shown to other users of the Website or for any other of our business purposes;
b.    You are responsible for maintaining the confidentiality of your account password;
c.     You are also responsible for all activities that occur in connection with your account and your use of the Website;
d.    You will notify us immediately of any unauthorized use of your account;
e.     You are prohibited from impersonating someone else, creating, or using an account for anyone other than for yourself, providing an email address other than your own, or creating multiple accounts;
f.     By sending you a Request we are simply connecting you with a Customer who has made a Request for Home Improvement; we are not guaranteeing that the Customer will hire you, that the Customer is interested in hiring you, that the Customer actually wants to have the work in the Request completed, that the Customer has the means to pay you, that the Request includes accurate information, that you will be able to contact the Customer, nor any other warranty or guarantee with regard to the Customer or their Request;
g.    We will not be a party to any contracts between you and Customers, nor will we be involved in any way in said contracts, including but not limited to enforcing payment provisions or addressing any disputes that may arise out of your contracts with Customers;
h.     We contract with other service providers who may or may not be competitors of yours (“Other Service Providers”) and may provide the same Requests to Other Service Providers that we provide to you;
i.      By providing a quote to a Customer via our Website in response to their Request (“Your Quote”), you do so for only for informational purposes. A Customer’s selection of you and approval of Your Quote serves only as an indication that they want you to contact them in response to their Request; it is not intended to create a legally enforceable contract. You and Customer are not permitted to contract via the Website and must do so outside of the Website if you chose to enter into a contract with a Customer for your services;
j.      This Agreement is non-exclusive, and we are free to contract with and provide Referrals to any Other Service Providers, in our absolute and sole discretion;
k.     While we may provide Customers and you with the ability to rate and review each other, we do not guarantee or warrant the accuracy of the ratings and reviews;
l.      You are solely responsible for all of Your Content that appears on your profile on the Website. It is your responsibility to keep the information accurate, up-to-date, and maintained in a professional manner and in compliance with all applicable laws and regulations, and you agree to do so at all times during the Term of this Agreement;
m.   You authorize us at any time during the Term of this Agreement to verify that all of your warranties and representations in this Agreement are truthful and accurate;
n.     Any and all of Your Content posted on the Website (excluding any of your logos, trademarked materials, other intellectual property, or the intellectual property of third-parties you inform us is has a restriction or limitation on use attached to it), is the sole and exclusive property of Realtor Referred Home Service Providers. You further acknowledge and agree that you have no right to reproduce, post, publish, display, or otherwise use any other content posted on the Website, including, but not limited to Customer ratings and reviews relating to you or others, other than Your Content;
o.    We shall have sole and exclusive ownership of any and all intellectual property rights in any written comments or testimonials you provide about our Services, activities, or us. You further agree that we may post and publish said comments or testimonials, in full or in part and at our sole and absolute discretion on our Website, in our marketing materials, or in any other medium of our choosing and for any reason whatsoever and that you shall not be entitled to any payments associated with our use of the foregoing;
p.    You hereby grant us, our affiliates, licensees, sublicensees, and users a perpetual, irrevocable, non-exclusive, royalty-free, transferrable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to Your Content including, but not limited to, your name, voice, likeness, any of your intellectual property, including but not limited to trademarks, service marks, trade names, and logos, and any of Your Content on our Website, and on any other media (whether now known or hereinafter created) of our choosing. In the event you terminate your account with us, or if you remove any of Your Content from our Website, we, our affiliates, licensees, sublicensees and our users may retain Your Content and may continue to use it for the purposes identified in this Agreement;
q.    Any of Your Content may be viewed by the general public and will not be treated as private, proprietary, or confidential;
r.      To the extent allowed under law, you waive and release and promise not to assert any moral rights that you may have in any of Your Content posted on our Website or that you provide to us;
s.     We have the absolute right, in our sole discretion and for any reason, to review, reject, modify, and remove any of Your Content on our Website;
t.      You may use approved marks of Realtor Referred Home Service Providers for the sole purpose of promoting your business during the Term of this Agreement but only if you are expressly authorized to do so by us in writing prior to your use of said marks. You are expressly prohibited from registering any trademarks, domain names, copyrights, or other intellectual property of Realtor Referred Home Service Providers. Nothing in this Agreement shall restrict other legal rights, at law or at equity, that Realtor Referred Home Service Providers may have in any other content on the Website or otherwise;
u.     You will allow only employees of your company or contractors performing services directly on behalf of your business to contact or provide services to Customers. To the extent you use subcontractors to provide services to Customers, you agree that you are solely responsible and liable for all acts and omissions of any such subcontractors, and that you are solely responsible for ensuring that such subcontractors comply with all the provisions of this Agreement to which you are subject;
v.     You will not to sell, trade, gift, assign, or otherwise transfer any Requests provided by us to any other party, whether or not said party(ies) are an Other Service Provider with us;
w.    You authorize us to take any and all actions we deem necessary in our sole and absolute discretion to generate usage of our Website, including contracting with search engines, Internet directories, and other online and offline advertising sources, including, but not limited to, making the representations herein on behalf of you to such third parties;
x.     In the event you participate in any promotion offered by us through the Website or otherwise, you agree to abide by the terms of such offer or discount;
y.     By becoming a service provider with us you are requesting, and expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail, text, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, local, and other applicable laws, and regulations, or other applicable “Do Not Call” list, and even if you have previously opted-out from receiving marketing communications from us so that we may provide Services to you. You agree that the consents provided in this section will survive cancellation of Services with us;
z.     You (1) consent to receive communications from us in an electronic form; and (2) you agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The previous sentence does not affect your statutory rights;
aa. You authorize us to send you marketing messages in electronic form from time to time;
bb. We have the right, in our sole and absolute discretion, to contact Customers about services you provide to gain their feedback and to rate your services, and to display such ratings and reviews on our Website. We are not responsible for or liable to you for any comments, ratings, or communications of any kind from Customers that we choose to post on our Website;
cc. You will not engage in any illegal acts or acts of wrongdoing, dishonesty, or unethical business practices with us, Customers, or other third parties during the Term of the Agreement, including, but not limited to, disclosing any personal information of the forgoing parties to any third-party;
dd. You are solely responsible for scheduling your services with Customers according to your availability;
ee. You will use your best efforts to provide Customers with the best quality services for each job you perform;
ff.    You will at all times during the Term of this Agreement be in full compliance with all applicable federal, state, provincial, local, and other laws and regulations that apply to your services;
gg. TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A REQUEST (OR THE INFORMATION CONTAINED IN A REQUEST) OR ANY OTHER INFORMATION OBTAINED THROUGH OUR WEBSITE OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A MATERIAL BREACH OF THIS AGREEMENT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR INVASION OF OTHER RIGHTS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS, TO US, AND TO OTHER SERVICE PROVIDERS USING OUR WEBSITE. RESPONDING TO SUCH A VIOLATION CAN ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON OUR PART. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL, STATE, AND LOCAL DO-NOT-CALL REGULATIONS AND FEDERAL, STATE, AND LOCAL ANTI-SPAM REGULATIONS. SO, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST (OR THE INFORMATION CONTAINED IN A SERVICE REQUEST) OR ANY OTHER INFORMATION OBTAINED THROUGH US OR OUR WEBSITE OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO US AND ANY INJURED THIRD PARTIES, AS SET FORTH IN HEREIN, FOR ALL RELATED OR RESULTING DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES;
hh. You will abide by and follow the terms of our then current Customer resolution process, if any, as amended from time to time, and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any Customer complaints between you and any Customers; however we are not liable to you or any Customer if such matters cannot be resolved through our then current resolution process (if we have one). We reserve the right to charge you for any amounts paid to a Customer by us in connection with a dispute between you and a Customer, or based upon your performance of or failure to perform services for a Customer, and you agree to reimburse us in full for any such payments and for any costs, expenses, fines, fees, or attorneys' fees incurred by us in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed;
ii.     You will not personally or otherwise help, encourage, or enable others to use the Website to transmit any content that is unlawful, promotes unlawful conduct, is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is false or defames, harasses, abuses, threatens, or incites violence towards any individual or group; or violates any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or violates the privacy of any person; or impersonates any person or entity, including us; and
jj.     You will not to use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with another’s use of the Website; monitor or copy any of the material on the Website; attempt to gain unauthorized access to the Website or any portions of the Website; or otherwise interfere with the proper working of the Website.
 
5.     Becoming a Preferred Service Provider.
a.     If you are referred to our Website by a realtor we will add the label “Preferred” to your profile. Such designation communicates to Customers that a realtor has referred you to our Website. It does not convey that we have, in any way, vetted you or your credentials.
6.     Fees.
a.     You will have the ability to quote jobs through our Website in response to Customer Requests. You agree that we will keep a percentage of the gross revenue you receive for each job you are selected for that is generated from our Website at our then current rate (“Selection Fee”), which may change from time-to-time in our sole and absolute discretion.
b.    You hereby represent and warrant that you will use our Website and the credit card merchant linked through our Website to collect payment for all revenue earned from Customers with whom you connected on our Website, and that you will not encourage or allow Customers to pay you outside of the Website or outside the credit card merchant linked through our Website, except that you are permitted to offer Ongoing Maintenance Services to Customers outside of the Website and charged by other credit card merchants beside the one linked through our Website. “Ongoing Maintenance Services” are defined as continuous services you perform for Customer after your first Home Improvement project with Customer solely to maintain a real estate asset owned by Customer. By offering Ongoing Maintenance Services you agree that such Ongoing Maintenance Services are outside the scope of this Agreement and our Services.
c.     You agree to register with the credit card merchant linked through our Website within ten (10) calendar days of signing up for our Services and thereby authorize said merchant to deduct the Selection Fee from the gross amount Customer pays you for your work prior to said merchant transferring the money to you.
d.    You agree to be bound by the then applicable fees (which shall be stated and payable in US dollars) for any Services. You will pay us then current and applicable non-refundable fees which may include: (i) screening fees; (ii) advertising fees for Customer projects completed by you; (iii) administrative fees; and (iv) any other applicable fees we incur on your behalf and choose to pass on to you for our Services (fees in (i) through (v) are collectively “Fees” or “Fee”). We reserve the right to charge your credit card for any Fees due and payable to us using a third-party payment merchant of our choosing immediately upon receipt of your credit card information by you or your representatives.
e.     Any Fees due and payable to us with regard to Customer charges for your services will be remitted to us from the payment issued by Customer for your services by way of the selected merchant credit card processor. Any credit card processing fees due to the merchant credit card processor shall be paid from the balance paid by Customer.   
f.     You are prohibited from passing on any Fees to Customers. Except as otherwise permitted in this Agreement, you may only charge Customers for the service you provide for a job you win through the Website, and you agree that you will only seek payment for services you have performed for Customer or will perform for Customer.
g.    You acknowledge and agree that payments made by Customer to you through a third-party merchant credit card processor are transactions between you and the Consumer and not with us. We are not a party to your payments.
h.     You may view our charges in your Website profile. You will not receive a detailed account statement from us by any other means.
i.      We may, in our sole and absolute discretion and in accordance with our then-existing policies (if any), issue you a refund ("Refund") for any Fees that you dispute (by contacting us through our Website, or by the means allowed in the “Contact Us” section of our Website), provided, however, that any and all requests for Refunds must be received by us within five (5) calendar days of the date that the Fee was charged. You agree to waive all Fee disputes not made by you within five (5) calendar days, and all such charges made by us will be final and not subject to challenge by you. All Fees constitute advertising fees paid by you to us and are in no way referral commissions based upon your successful completion of your services for Customers.
j.      You acknowledge that it is your responsibility to ensure that the communication methods you have selected in your Website profile, and all contact and billing information, will be kept up-to-date and accurate. We are not responsible, or liable for undelivered Customer notifications to you.
k.     You agree to promptly notify us if your payment method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method).
l.      You hereby authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
m.   Past due accounts may, in our sole and absolute discretion, be turned over by us to a third-party collection agency and reported to a credit rating agency. We may bill you for, and you agree to pay for any and all collection and related litigation fees, costs, and expenses we incur as a result of your past due account(s).
n.     No Fee shall be due or payable to the extent such Fee is in violation of any applicable law.
o.    You authorize us to charge you for any sales or similar taxes that may be imposed on Fees charged by us.
p.    You hereby agree to release us from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with a dispute related to Customer payments. You agree that you will not involve us in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with the services you provided or plan to provide to Customer. If you attempt to do so you shall pay all our costs and attorneys' fees and shall provide indemnification as set forth in this Agreement, and the jurisdiction for any such litigation or dispute shall be limited as set forth below.
q.    Nothing in this Agreement waives any rights, claims, or defenses that you may have with respect to a payment under an agreement with the third-party merchant credit card processor, the card association rules, or applicable state and federal laws.
r.      While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information obtained from you (if any), we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
s.     If we determine that your actions or performance may result in claims, disputes, violations of our terms or policies, or other risks to us, our Customers, or third parties, then we may (1) immediately charge your method of payment; (2) offset any amounts that are payable by you to us against any amounts we may owe you (in the form of Refunds or otherwise); (3) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (4) reverse any Refunds to your bank account; (5) render your account on the Website inactive; or (5) collect payment or reimbursement from you by any other lawful means.
t.      Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications, and data transferred to us or by us when we communicate together. We shall not be responsible for any costs you incur from your third-party providers while using our Services.
u.     You hereby agree to pay any and all state sales, use, or other taxes due or imposed by any governmental authority with respect to any service you provide to Customers.
v.     We shall not be liable to you for payment for any job you have accepted through our Services, all liability with respect to payment rests with Customers.
7.     Other Terms
a.     Digital Millennium Copyright Act Enforcement Information and Procedures
                          i.        If you believe your copyrighted work(s) have been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to our Copyright Agent:
                          i.        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
                          ii.        A description of the copyrighted work that you claim has been infringed;
                          iii.        A description where the material that you claim is infringing is located on the Website;
                          iv.        Your address, telephone number, and e-mail address;
                          v.        A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
                          vi.        A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
                           ii.        Our Copyright Agent for notice of claims of copyright infringement on the Website is Charley Crowe who can be reached as follows:
                           i.        By Mail: 5705 Timber Lane, Raleigh, NC 27606
                           ii.        By Phone: (919) 896-9307
                           iii.        By E-Mail: Support@realtorreferred.com
 
b.    Indemnification; Limitation of Liability; Disclaimer of Warranties.
                           i.        Indemnification. You shall fully protect, indemnify, and defend Realtor Referred Home Service Providers ("Indemnified Party") and hold us harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial, local, or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (1) any of your work for or dealings with any Customers; (2) your advertising; or (3) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a Customer for which we have not connected you, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF THE INDEMNIFIED PARTY AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY, OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY THE INDEMNIFIED PARTY.
                           ii.        Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF REALTOR REFERRED HOME SERVICE PROVIDERS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE PRECEEDING ONE MONTH, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
                           iii.        Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT REALTOR REFERRED HOME SERVICE PROVIDERS’S WEBSITE, AND REALTOR REFERRED HOME SERVICE PROVIDERS VERIFICATION, IF APPLICABLE, ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
c.     AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
                            i.        The exclusive means of resolving any dispute between you and us or any claim or controversy arising out of or relating to or that have arisen based on use of the Website (including any alleged breach of this Agreement) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW.
                            ii.        You hereby agree that you may not, under any circumstances, commence, participate in, or maintain any class action, class arbitration, or other representative action or proceeding against us.
                            iii.        If any part or parts of this Arbitration Agreement are found to be invalid or unenforceable under the law, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
                            iv.        This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with us.
                            v.        NOTICE OF RIGHTS:
                            i.        By using the Website you agree to the above Arbitration Agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
                            ii.        Any proceeding to enforce this Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.
                            iii.        In the event that this Arbitration Agreement is, for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in Wake County, North Carolina, and you consent to the jurisdiction of those courts for such purposes.
                             iv.        This Agreement, and any dispute between you and us, shall be governed by the laws of the state of North Carolina without regard to principles of conflicts of law, provided that this Arbitration Agreement shall be governed by the Federal Arbitration Act.
                             v.        You hereby consent and agree that the state or federal courts in Raleigh, North Carolina are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Website, and you hereby submit to sole and exclusive jurisdiction in the state of North Carolina, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
                              vi.        YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY US, OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
d.    Amendments and Modifications. This Agreement, and our then current fee schedule may be changed from time-to-time and without notice to you. By continuing to use any of our Services you are agreeing to all such changes and to be bound by them.
e.     Termination.
                               i.        At our sole and absolute discretion, we may modify or discontinue the Services, or may modify, suspend, or terminate your access to the Services and your rights under this Agreement, for any reason or no reason at all, with or without notice to you, and without liability to you or any third-party. In addition to suspending or terminating your access to the Services, we reserve the right, in our sole and absolute discretion, to take any appropriate legal action, without notice, including without limitation pursuing civil, criminal, equitable, or injunctive redress against you that we deem necessary to protect our interests. You shall be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement.
                               ii.        You may terminate this Agreement by cancelling your account. To cancel your account send a request to support@realtorreferred.com or by other means identified on the Website. Your termination of this Agreement will become effective at the close of the same business day if notice is provided during normal business hours, or at the close of the next business day if your notice is provided outside of normal business hours. You shall be obligated to pay for any Services delivered to you by us prior to your termination.
                                iii.        We, in our sole discretion, reserve the right to suspend your rights under this Agreement or terminate this Agreement and your account immediately and at any time for any reason or no reason at all.
                                iv.        Regardless of how or why this Agreement is terminated, your agreements and obligations under this Agreement shall continue; and any relationships you enter into or create with Customers from our Services will continue to be governed by this Agreement including, but not limited to, those terms related to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such disputes of claims.
                                v.        Upon any termination of this Agreement you will no longer have access to your account or our Website.
                                vi.        In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us.
f.     Your Status. You understand and agree that you are an independent contractor of Realtor Referred Home Service Providers, and are not an employee, joint venturer, partner, or agent of ours. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. We do not control, and have no right to control, the services you provide (including how you provide such services) if you are engaged by a Consumer, except as specifically detailed herein.
g.    Severability. If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal, or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
h.     Trademarks. Realtor Referred Home Service Providers’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Realtor Referred Home Service Providers and, except as permitted herein, may not be used by you without our permission. Other trademarks, service marks, and trade names that may appear on the Website are the property of their respective owners. You agree not to remove, alter, or obscure any copyright notice, trademark, service mark, or other proprietary rights notices on the Website.
i.      Restrictions on Use of Website. The rights granted to you in this Agreement are subject to the following restrictions: (1) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website except as allowed in this Agreement; (2) you shall not frame or use framing techniques to enclose any trademark, logo, or Website (including images, text, page layout or form) of Realtor Referred Home Service Providers; (3) you shall not use any metatags or other "hidden text" using our name or trademarks; (4) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Website unless allowed by applicable law; (5) you shall not use any manual or automated software, devices or other processes to obtain data from the Website; (6) you shall not access the Website to build a similar or competitive website or service; (7) except as allowed in this Agreement, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (8) you shall not remove or destroy any copyright notices or other proprietary markings contained on the Website; (9) you shall not interfere with or attempt to interfere with the proper functioning of the Website or use the Website in any way not expressly permitted by this Agreement; and (10) you shall not attempt to harm or damage the Website. Any unauthorized use of the Website immediately terminates this Agreement.
j.      Third-Party Links. The Services may contain links to third-party services such as third-party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Services. We do not control and are not responsible for Third-Party Links. we provide those Third-Party Links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products, or services accessible through such links. Your use of all Third-Party Links is at your own risk.
k.     Privacy Matters.
                                      i.        We may view, store, access, and disclose messages exchanged between you and Consumers transmitted via our Website.
                                     ii.        We have the right to use all information related to you in accordance with our Privacy Policy, which can be found on our Website.
                                    iii.        You agree not to copy or collect any of our Website content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
l.      Term. This Agreement shall be effective when you register on our Account and shall remain in effect until terminated in accordance with the provisions herein.
m.   Advertising. We may publicly display advertisements and other information adjacent to or included with your profile. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
 
n.     Notice. Where we require that you provide an e-mail address or any other form of contact information, you are responsible for providing us with your most current information. In the event that the information you provided to us is no longer valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, our dispatch of the notice will nonetheless constitute effective notice. You may give notice to us at the following email address: Support@realtorreferred.com. Such notice shall be deemed given when it is received by us in our inbox.
o.    Waiver. Any waiver or failure to enforce any provision of this Agreement on one or more occasions will not be deemed a waiver of any other provision or of such provision on any other occasion.
p.    Survival. Upon the expiration or termination of this Agreement, all representation and warranty, intellectual property, indemnity, liability, privacy, governing law and venue, and arbitration provisions shall survive.
q.    Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
r.      Force Majure.Realtor Referred Home Service Providers shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials, or pandemics.
s.     Entire Agreement; Integration. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
8.     Contact Information
If you have any questions regarding this Agreement, please contact us so we can help:
·         Call Realtor Referred Home Service Providers at (919) 896-9307
·         Email Realtor Referred Home Service Providers at Support@realtorreferred.com  
·         Mail Realtor Referred Home Service Providers at 5705 Timber Lane, Raleigh, NC 27606
 
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT YOUR USE OF THE WEBSITE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 
 
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