ServiceMagic Terms and Conditions

This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.ServiceMagic.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated on 4/7/2009.

1. INTRODUCTION TO SERVICEMAGIC. Upon your registration, you may choose your own password or ServiceMagic will assign you a password to access the ServiceMagic services through the ServiceMagic Web site.

2. SERVICEMAGIC SERVICES. At ServiceMagic we are committed to making your total ServiceMagic experience a positive one. Upon entering your information and the request for which you would like a service professional, we will provide you with a list of service professionals in your area, if any, who may be interested in fulfilling your service need.

However, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. ServiceMagic does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of ServiceMagic, nor is ServiceMagic an agent of the service professionals. ServiceMagic does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE SERVICEMAGIC (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE SERVICEMAGIC MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.

3. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE. While we cannot guarantee the work performed by a listed service professional, and while we have no obligation to you with regard to your relationship with a service professional, the ServiceMagic resolution process has been developed to try and assist you in resolving any workmanship problems that may arise in the course of a home improvement repair or maintenance project and which may be the fault of a service professional who you learned about through the ServiceMagic services. Under the circumstances more fully described herein and upon completion of all required procedures, although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and a service professional. You must participate and use good faith efforts to resolve problems through the ServiceMagic resolution process. If, in its sole discretion, ServiceMagic determines that you have not participated and cooperated in good faith in the resolution process, ServiceMagic may terminate such Resolution Process and the Limited Service Guarantee (details). Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.

4. INFORMATION YOU PROVIDE TO US. Upon using the ServiceMagic services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our Web site. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with ServiceMagic and its partners and thus agree to be contacted by ServiceMagic and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or ServiceMagic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ServiceMagic has the right to refuse any current or future use of the ServiceMagic services (or any portion thereof) by you. You are responsible for any use of the ServiceMagic services by persons to whom you intentionally or negligently allow access to your password.

5. YOUR USE OF THE SERVICEMAGIC SERVICES. You acknowledge and agree that your use of the ServiceMagic services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the ServiceMagic Web site, including but not limited to Service Professional profiles, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of ServiceMagic, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to ServiceMagic for any such damages, and will indemnify ServiceMagic in the event of any third party claims against ServiceMagic based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the ServiceMagic Web site and services at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by ServiceMagic in its sole discretion that you are misusing or attempting to misuse or circumvent the ServiceMagic services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, ServiceMagic reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SERVICEMAGIC AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SERVICEMAGIC AND EACH SERVICEMAGIC SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF SERVICEMAGIC AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the ServiceMagic server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of ServiceMagic. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the ServiceMagic Web site or any other ServiceMagic owned, operated, licensed or controlled site. Elements of ServiceMagic Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any ServiceMagic web Site may be copied or retransmitted unless expressly permitted by ServiceMagic. SERVICEMAGIC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SERVICEMAGIC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICEMAGIC WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SERVICEMAGIC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

7. LINKS TO THIRD PARTY SITES. The links in the ServiceMagic Web site will let you leave ServiceMagic's Web site. The linked sites are not under the control of ServiceMagic and ServiceMagic is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. ServiceMagic is not responsible for webcasting or any other form of transmission received from any linked site. ServiceMagic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ServiceMagic of the site.

8. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS. ServiceMagic.com uses the following criteria as part of its registration enrollment process ("registration") for new service professionals, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (which are not screened) applying for membership in our network:

Licensing - ServiceMagic confirms at the time of a service professionals registration, that a prospective new SP member has all applicable required state-level or provincial-level trade licensing. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, ServiceMagic relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks, that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license. ServiceMagic does not check state-level or provincial level trade licensing for photographers or caterers.

Insurance/Bonding - Where relevant, ServiceMagic confirms general liability insurance coverage or bonding information (for movers, either cargo valuation coverage or general liability insurance coverage) presented by member service professionals in their profiles at the time of their registration with ServiceMagic. ServiceMagic confirms such coverage via the service professional's insurance agent. ServiceMagic does not confirm general liability coverage for certain categories of service professionals where such coverage is deemed not relevant, including but not limited to: Inspectors; Appraisers; Architects; Engineers; Consultants; Home Maintenance Services; Designers; Pre-Manufactured Cabinet Makers; Organizers; Permit Services; Disability Planners; Alarm System Monitors; Toxic Materials; Toxic Material Testing; Photographers; or Caterers.

State Business Filings - For business types that require a Secretary of State filing, we confirm that the service professional is in good standing in the state in which it is located. This check applies to service professionals that are corporations and Limited Liability Companies (LLC's).

Criminal Records Search - ServiceMagic uses 3rd party data sources to conduct a criminal search for any relevant criminal activity associated with the owner/principal of the business.

Sex Offender Search - In the state in which the owner/principal of the company is located, we check the state's official Sex Offender web site, to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home.

Identity Verification (Social Security Number) - ServiceMagic verifies the social security number(s) (or SSI for Canadian service professionals) of the service professional's owner/principal for identity check purposes. This check applies primarily to smaller business entities.

Identity Verification (Reverse Phone Lookup) - We conduct a reverse business phone lookup to identify records matching the phone number information provided by the business.

Legal Search for Civil Judgments - We use 3rd party data sources that record legal information to check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers within the three years prior to such service professional's registration with ServiceMagic, and to check for bankruptcy filings by or against the principal / owner.

NOTE: Member service professional information confirmed at the time of enrollment as described above may change or expire over time; while ServiceMagic attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time the member applies for membership in the ServiceMagic network, and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a service professional you verify that information presented in the service professional's profile is still current and/or acceptable to you.

Corporate Accounts - Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, ServiceMagic does not screen the Corporate Accounts or Corporate SP's, but rather relies on the screening performed by the Corporate Account. If you have any questions about what screening the Corporate Account performs on its Corporate SP's, you should contact the Corporate Account directly.

Service Professionals Profiles: ServiceMagic allows Service Professionals to post profiles about themselves and their business on the ServiceMagic Web site. ServiceMagic does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional.

The above procedures may change from time to time at the sole discretion of ServiceMagic. ServiceMagic believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, ServiceMagic advises consumers to check these matters for themselves especially at future dates. ServiceMagic does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that ServiceMagic checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: SERVICEMAGIC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

9. POSTING RATINGS & REVIEWS ON SERVICEMAGIC.COM
ServiceMagic reserves the right, but not the obligation, to refuse to post or to remove any Review if ServiceMagic determines (in its sole discretion) that it contains or features any of the following:

1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
2. References to illegal activity.
3. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
4. Language that violates the standards of good taste or the standards of this Site.
5. Comments concerning a different Service Professional.
6. Information not related to work requested in the service request.
7. Statements that are or appear to be false.
8. Comments that disparage ServiceMagic.

Further, the reviewer must provide permission to ServiceMagic to contact the Service Professional about his or her work request. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached.

Ratings & Reviews are not endorsed by ServiceMagic.com
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of ServiceMagic. ServiceMagic disclaims any and all representations or warranties with regard to the Ratings and Reviews.

Reviews do not reflect the views of ServiceMagic; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.

ServiceMagic does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

10. SERVICE REQUESTS POSTED ON SERVICEMAGIC JOB BOARD. Where you have requested that ServiceMagic post your service request on the ServiceMagic Job Board, the terms set forth in this Section 10 shall apply, in addition to the other terms and conditions set forth herein. In the event of any conflict between the terms in this Section 10, and the terms in all other sections of these Terms & Conditions, the terms of this Section 10 shall prevail. You understand and acknowledge that contractors provided to you from the Job Board are NOT pre-screened members of the ServiceMagic network. These contractors have not been pre-screened by ServiceMagic, and ServiceMagic makes no, and expressly disclaims any, guarantees, representations or warranties whatsoever with regard to these contractors. The contractors are provided to you "as is." We encourage you to ensure that these contractors are appropriately licensed and insured for the work you are requesting to be performed, and to do any further investigation into their references and background as you deem necessary. Sections 3 (RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE) and 8 (SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS) expressly do not apply to service requests posted on the ServiceMagic Job Board.

11. INDEMNIFICATION. YOU AGREE TO INDEMNIFY SERVICEMAGIC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICEMAGIC SERVICES OR IN CONNECTION WITH THE SERVICEMAGIC WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

12. GENERAL PROVISIONS. You acknowledge and agree that the ServiceMagic services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and ServiceMagic's sole obligation to you or any third party for any claim arising out of your use of the ServiceMagic services or the ServiceMagic Web site, is that you are free to discontinue your use of the ServiceMagic services or the ServiceMagic Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SERVICEMAGIC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT SERVICEMAGIC SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF SERVICEMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of ServiceMagic's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of ServiceMagic to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ServiceMagic services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado.

13. MOVING AND MOVING SERVICES: OUT OF NETWORK MATCHES. For US users, in the event that ServiceMagic is unable to match you with a moving services provider that is a member of the ServiceMagic Network, ServiceMagic may match you to a Moving.com moving company member or a Relocation.com moving company member. In such case, you will also be subject to either (i) the Moving.com Terms and Conditions and the Moving.com Privacy Policy or (ii) the Relocation.com Terms and Conditions and the Relocation.com Privacy Policy. Neither Moving.com moving company members nor Relocation.com moving company members are prescreened members of the ServiceMagic network.

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