This Web site is offered to you, conditioned upon 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 Servnet, Inc., a California
corporation, doing business as At Home Services Network, (referred to
herein as “At Home Services Network”) at www.athomeservices.net.
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
effective 30 days from the date such posting.
- INTRODUCTION TO AT HOME SERVICES NETWORK. Upon
your registration, you may choose your own password or At Home Services
Network will assign you a password to access the At Home Services
Network services through the At Home Services Network Web site.
- AT HOME SERVICES NETWORK SERVICES. At Home Services
Network is committed to making your At Home Services Network experience
positive. When you enter your information and the request for which
you would like a service professional, we will provide you with a
list of pre-screened 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 are either 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 they may perform if you elect to retain
their services. At Home Services Network 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 an agreement
with a service professional. We do not guarantee or warrant their
performance on the job or the outcome or quality of the services performed.
These service professionals are not employees or agents of At Home
Services Network, nor is At Home Services Network an agent of the
service professionals. At Home Services Network 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, 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
AT HOME SERVICES NETWORK ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES,
EMPLOYEES, AGENTS AND ALL PERSONS, FIRMS, OR ENTITIES (INCLUDING OUR
BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY
EMPLOY THE AT HOME SERVICES NETWORK MATCHING UTILITY) ACTING BY, THROUGH,
UNDER OR IN CONCERT WITH AT HOME SERVICES NETWORK FROM ANY AND ALL
CHARGES, COMPLAINTS, DAMAGES AND/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.
- INFORMATION YOU PROVIDE TO US. Upon using the
At Home Services Network 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.
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 At Home Services Network and therefore agree to
be contacted by At Home Services Network and/or the service professionals
referred to you. 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 At Home Services Network has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
At Home Services Network has the right to refuse any current or future
use of the At Home Services Network services (or any portion thereof)
by you. You are responsible for any use of the At Home Services Network
services by persons to whom you intentionally or negligently allow
access to your password.
- YOUR USE OF THE AT HOME SERVICES NETWORK SERVICES.
You acknowledge and agree that your use of the At Home Services Network
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 At Home Services Network Web site, including but not limited
to Service Professional profiles, screening information, and Ratings
& Reviews (including any ratings and reviews provided by you),
is the sole and exclusive property of At Home Services Network, 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 At Home Services Network for any such damages, and will indemnify
At Home Services Network in the event of any third party claims against
At Home Services Network based on or arising from your violation of
the foregoing. We reserve the right to revoke your access to the At
Home Services Network Web site and services at any time. All information
about service professionals are confidential and for your personal
use only. If it is determined or suspected by At Home Services Network
in its sole discretion that you are misusing or attempting to misuse
or circumvent the At Home Services Network 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,
At Home Services Network 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 AT HOME SERVICES NETWORK
AND SERVICE PROFESSIONALS, 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 AT HOME SERVICES NETWORK AND EACH SERVICE PROFESSIONAL WHO
ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT
OF $11,000 TO EACH OF AT HOME SERVICES NETWORK 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.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE
ON THIS WEB SITE. Permission to use documents and information
(such as press releases, datasheets, content, informational items
and FAQs) from the At Home Services Network 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, published 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 At Home Services Network. 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. Permission to documents or information specified
above does not include the design or layout of the At Home Services
Network Web site or any other At Home Services Network owned, operated,
licensed or controlled site. Elements, including design, layout, process,
ideas, etc., of At Home Services Network Web sites are protected by
copyright, patent, 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 At Home Services Network
web Site may be copied or retransmitted unless expressly permitted
by At Home Services Network. AT HOME SERVICES NETWORK 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.
AT HOME SERVICES NETWORK 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 AT HOME SERVICES NETWORK WEB
SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AT HOME
SERVICES NETWORK 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.
- LINKS TO THIRD PARTY SITES. The links in the At
Home Services Network Web site will let you leave At Home Services
Network's Web site. The linked sites are not under the control of
At Home Services Network and At Home Services Network 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. At Home
Services Network is not responsible for webcasting or any other form
of transmission received from any linked site. At Home Services Network
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by At Home Services Network
of the site.
- SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS.
At Home Services Network.com uses the following criteria as part of
its registration enrollment process ("registration") for
new home service professionals applying for membership in our network:
Licensing - At Home Services Network confirms at
the time of a service professionals registration, that prospective
new service professional members have all applicable required state-level
or local -level trade licensing.
Legal - For US service professionals, At Home Services
Network utilizes third party services that record legal information
to check for significant recorded state-level civil legal judgments
entered against a prospective new service professional member by business
customers within the three years prior to such service professional's
registration. At Home Services Network does not make any representations
or warranties as to the accuracy or completeness of the information
provided by the third party services.
Insurance/Bonding - Wherever possible, At Home Services
Network confirms insurance or bonding information presented by member
service professionals in their profiles at the time of registration.
NOTE: Member service professional information confirmed
as described above may change or expire over time; while At Home Services
Network attempts to maintain accurate and up-to-date information,
and confirms changes when notified, we cannot guarantee that profile
and screening information is accurate. Therefore, it is your responsibility
before working with a service professional to verify all information
presented is still current and/or acceptable to you. At Home Services
Network may use third party(ies) to confirm information provided by
a service professional during the .registration process
*Given the unique nature of CA licensing, At Home Services Network
relies on representations of service professionals that are using
CA General building contracting license to cover home improvement
tasks that such service professionals are performing more than one
task as defined and required by CA licensing rules.
Service Professionals Profiles: At Home Services
Network allows Service Professionals to post profiles about themselves
and their business on the At Home Services Network Web site. At Home
Services Network 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 At Home Services Network. At Home Services Network 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 bankruptcies or civil or criminal 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, At Home Services Network advises
consumers to check these matters for themselves especially at future
dates. At Home Services Network does not represent or warrant that
the information received from state, local 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 At Home Services Network 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: AT HOME SERVICES NETWORK 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.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY AT HOME
SERVICES NETWORK, AND ITS SHAREHOLDERS,SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PERSONS ACTING
BY, THROUGH, UNDER OR IN CONCERT WITH AT HOME SERVICE NETWORK AND
HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS, COMPLAINTS OR DEMANDS,
INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING
FROM YOUR USE OF THE AT HOME SERVICES NETWORK SERVICES OR IN CONNECTION
WITH THE AT HOME SERVICES NETWORK WEB SITE OR YOUR VIOLATION OF THESE
TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS
OF A THIRD PARTY.
- GENERAL PROVISIONS. You acknowledge and agree that
the At Home Services Network services are provided to you on an "AS
IS" basis without any warranty whatsoever, and your sole and
exclusive remedy, and At Home Services Network's sole obligation to
you or any third party for any claim arising out of your use of the
At Home Services Network services or the At Home Services Network
Web site, is that you are free to discontinue your use of the At Home
Services Network services or the At Home Services Network Web site
at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AT HOME SERVICES
NETWORK 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 AT HOME SERVICES NETWORK SHALL
HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF AT
HOME SERVICES NETWORK 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
LOCALITIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and
Conditions will inure to the benefit of At Home Services Network'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
At Home Services Network 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 At Home Services Network 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
California as such laws are applied to agreements entered into and
to be performed entirely in the State of California and between California
residents. You agree to submit to jurisdiction in California and that
any claim arising under these Terms and Conditions will be brought
solely in Santa Clara County, California.
© 2005 At Home Services Network, Inc. All rights reserved.
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