Terms of Use Service Agreement
PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE.
Use of the Locatepros.com (the "Website") is subject to this Agreement as follows:
1. Website Ownership. The Website is owned by Locatepros.com. All materials contained or distributed in the Website (the "Materials") are either owned by or licensed to Locatepros.com. The applicable owners and licensors retain all rights to the Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Locatepros.com. Materials must not be used in any unauthorized manner.
2. Message Features Participation. The Website may offer opportunities for you and or your employees ("Contractor") to transmit messages in connection with various features including, but not limited to, email, blogs, video and message boards ("Community Features"). The Contractor must use the Community Features in a responsible manner, and are solely responsible for any content you transmit. The Contractor must not transmit any message ("Message") in connection with any Community Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Community Feature. In order to participate in any Community Feature, the Contractor may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) The Contractor may also be asked to select a screen name ("Screen Name") for identification purposes. The Contractor must not use any Screen Name that violates any term of subsections (i)-(ix) above, or any other operating term set forth by Locatepros.com.
License. By transmitting any Message or Screen Name, the Contractor is granting Locatepros.com a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
Message and Screen Name Review. Locatepros.com and its third-party providers (the "Vendors") act as a passive conduit in connection with your use of Community Features. However, Locatepros.com and its Vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Community Feature on a temporary or permanent basis. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by Locatepros.com or its Vendors.
The Contractor acknowledges that Messages and Screen Names are not confidential and that they may be read, intercepted by others and widely accessible on the World Wide Web, and that you no have no expectation of privacy with regard to any such submission. The Contractor acknowledges that by submitting Messages and/or Screen Names to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Locatepros.com and its Vendors other than as expressly set forth in this Agreement. The Contractor acknowledges that Locatepros.com is not responsible for, and cannot and does not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Website.
3. Locatepros.com may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Locatepros.com may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Billing, Automatic Renewal and Refund Policies for Services: The Contractor subscribes to Locatepros.com by registering through the registration process provided on the Locatepros.com website. For services purchased through Locatepros.com (e.g. prospect leads), the charge is incurred when a lead is delivered to the Contractor via the Contractor’s email address. To cancel the Contractors subscription to the Locatepros.com service send an e-mail to customerservice@locatepros.com or call Customer Service at 877-992-5622. Cancellation will become effective 24 hours after receipt of the e-Mail.
5. Refund Policies for Services: In order to provide the highest customer satisfaction possible, Locatepros.com will refund the paid purchase price of a fraudulent prospect lead if the refund request is received within one day of the date that the Contractor received the lead. A fraudulent prospect lead is a knowingly made up name, email address by an individual who has purposely submitted false information to Locatepros.com. To request a refund, send an e-mail to customerservice@locatepros.com. Locatepros.com will only accept refunds requests in writing.
By accepting this Agreement, the Contractor agrees that Locatepros.com may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with Locatepros.com, and by publishing such notices from time to time on the informational page(s) of the website applicable to the Services. It is your responsibility to notify Locatepros.com of any change in your e-mail address by logging into Locatepros.com and using the online account management tool.
Programming, pricing, terms and conditions of Services are subject to availability and change.
Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by Locatepros.com (e.g., your IP address).
6. U-Win and Service Guarantee
UWIN is a consumer protection agency that allows elite home services contractors to provide an extra level of protection and peace of mind to residential home services consumers.
When you do business with a UWIN endorsed contractor you will have an employee working in your home who has been drug tested, background checked, and properly trained.
Our company agrees to the UWIN Code of Ethics, carries current liability and workers compensation insurance and is licensed by all appropriate government agencies.
Code of Ethics include:
- We conduct random drug-testing of every employee on an ongoing basis
- We do complete background checks on all field employees as the law permits
- We offer a 100% satisfaction guarantee
- We maintain the highest degree of customer service
- We agree to conduct business in a legal and ethical manner at all times
- We provide UWIN with all information requested regarding your transaction
- We allow UWIN to make a final decision regarding any customer resolution
- We must properly train all technicians and sales people before sending them into your home
- We agree to provide our customers with their best quality service, materials, labor, expertise and craftsmanship
- We agree to always adhere to all laws, regulations and ordinances that govern our service area
- We practice proper financial and accounting procedures in accordance with all local, state, and federal laws.
7. Linking The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website from or to other websites maintained by third parties, do not constitute an endorsement by Locatepros.com or any other Locatepros.com Entity of any third party website or content. Locatepros.com is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its website administrator or Webmaster.
8. Disclaimer of Warranties.
A. USE OF THE WEBSITE, THE SERVICES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH THE CONTRACTOR.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO ALL SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. LOCATEPROS.COM DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
9. Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY LOCATEPROS.COM OR ANY ACT OR FAILURE TO ACT BY LOCATEPROS.COM OR ITS VENDORS, THE CONTRACTOR IS EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
B. IN NO EVENT SHALL LOCATEPROS.COM BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF THE SERVICE REQUEST .
C. IN NO EVENT SHALL LOCATEPROS.COM, ANY OTHER LOCATEPROS.COM ENTITY OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO ANY TRANSACTION WITH A SERVICE REQUEST FOR CONTRACTING HEATING AND AIR CONDITIONING SERVICE, PLUMBING SERVICE, ELECTRICAL SERVICE, ROOFING OR ANY SERVICES PROVIDED BY CONTRACTOR. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LOCATEPROS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF LOCATEPROS.COM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF LOCATEPROS.COM, ANY OTHER LOCATEPROS.COM ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, OR THE SERVICES IS $100.
D. IN NO EVENT SHALL LOCATEPROS.COM OR ANY OTHER LOCATEPROS.COM ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE FEATURE.
10. Indemnification. The Contractor hereby agrees to indemnify and hold the Locatepros.com and its Entities harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) the Contractor’s use of the Website, and the Services purchased via the Website; or (B) any alleged breach of an agreement between a prospect (lead) provided by this website and the Contractor for any service provided by the Contractor for the prospect. For purposes of this Agreement, the "Locatepros.com Entities" shall mean Locatepros.com and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control of Locatepros.com and the directors, officers and employees of the Locatepros.com.
11. Termination. Locatepros.com may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Locatepros.com may also impose limits on certain features and Services or restrict the Contractor’s access to parts or the entire Website without notice or liability at any time in Locatepros.com exclusive discretion, without prejudice to any legal or equitable remedies available to Locatepros.com, for any reason or purpose, including, but not limited to, conduct that Locatepros.com believes violates this Agreement or other policies or guidelines posted on the Website or conduct which Locatepros.com believes is harmful to other customers, to Locatepros.com business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Locatepros.com in its sole discretion. In addition and without prejudice to any other remedy available to Locatepros.com may immediately terminate this Agreement if the Contractor breaches any term of this Agreement or other operating term set forth by Locatepros.com.
12. Choice of Law; Jurisdiction; Attorneys' Fees. This Agreement will be governed by the laws of the State of Florida applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Florida. Florida will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Locatepros.com will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Locatepros.com in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 6, 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
14. Acceptance of Terms of Use BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use the Website. Locatepros.com may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.
