Service Provider Terms and Conditions
This Website is offered to you, conditioned on your acceptance without modification, of the following terms and conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms and Conditions, you may contact us at email@example.com. We may amend these Terms and 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 and Conditions were last updated on 11/23/08.
INTRODUCTION TO REPAIRTIME. Upon your registration, an email address is required and will be used as your login username. You will also be asked to establish a password and to confirm that password.
REPAIRTIME SERVICES. At RepairTime, we are committed to making our participating service providers' experience a profitable and positive one. Service providers are permitted to register and participate at the RepairTime Website only upon receiving an email invitation from a registered member. Upon your receipt of a registered member invitation submission, you will be eligible to register your services at the RepairTime Website. During the registration process, you will be asked to create a service provider profile, select the service categories within which you provide services, select the service area within which you provide services, and to provide editorial or promotional content (up to 256 characters) regarding your business.
Once you have completed the registration process, registered members and their network constituency of friends, family and neighbors will be able to link to you and your services. Registered members are provided the flexibility of submitting service requests for multiple service providers (i.e. bid), single service providers (i.e. assign), or directly to their service provider of choice (i.e. direct). All service request submissions are performed online at the RepairTime Website. Only registered members are permitted to submit service requests through the RepairTime Website. Upon submission of a service request, RepairTime will match the registered member’s service request with participating service providers in accordance with such request (i.e. bid, assign, direct). In the event the registered member submits a bid service request, up to three participating service providers will be matched with the service request and provided the lead. In the case of an assign or direct service request, only one participating service provider will be matched with the lead. Service providers will be informed of service request leads by automated email. Service request leads are also posted within the matched service providers secure login area of the RepairTime Website. You are asked to respond to a service request lead in a timely manner by accepting or declining the lead. Leads that are not responded to, by the service provider, prior to the selected service date entered by the registered member will expire on that date. Through the service provider secure login area of the RepairTime Website, service providers may track the history of the leads they receive and their status. Registered members are encouraged to provide rating and review feedback with respect to service requests submitted and completed through the RepairTime Website. Rating and review feedback will be available for viewing by RepairTime registered members and all such content is and shall remain the sole and exclusive property of RepairTime.
We do not guarantee the volume of leads you will experience by participating in the RepairTime Website. We make no guarantees or representations regarding the skills and quality of workmanship performed by you, or any participating service provider. RepairTime does not endorse or recommend the services of any particular service provider. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a registered member, and we do not guarantee or warrant your performance on the job or the outcome or quality of the work you perform. Payment for the services you render to registered members is to be arranged directly by you with the registered members. We do not guarantee payment for your services, or make any other representations regarding the creditworthiness of the registered members. Service providers who participate in the RepairTime Website are not employees or agents of RepairTime, nor is RepairTime an agent of the service providers. RepairTime does not perform, and is not responsible for, any of the services performed by you. Your rights under contracts you enter into with registered members are governed by the terms of such contracts and by applicable federal, state, and local laws. Should you have a dispute with any registered member, you must address such dispute with the registered member directly, AND YOU HEREBY AGREE TO RELEASE REPAIRTIME (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH REGISTERED MEMBERS.
INFORMATION YOU PROVIDE TO US. Upon using the RepairTime services, you will be asked to disclose certain information about your services and your company, and you will be able to store certain information on our Website. Some of this information will be provided or sent to registered members seeking a home repair and improvement service provider. 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 RepairTime has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RepairTime has the right to refuse any current or future use of the RepairTime Website by you. You are responsible for any use of the RepairTime Website by persons to whom you intentionally or negligently allow access to your password.
YOUR USE OF REPAIRTIME SERVICES. You agree that all of the content and information posted on the RepairTime Website, including but not limited to registered member contact information, Service Provider Profiles and ratings and reviews, is the sole and exclusive property of RepairTime, and that you have no right to reproduce, post, publish, or otherwise use such information without the express written consent of RepairTime. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to RepairTime for any such damages, and will indemnify RepairTime in the event of any third party claims against RepairTime based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the RepairTime Website and services at any time. All information about registered members and service providers is confidential. If it is determined or suspected by RepairTime in its sole discretion that you are misusing or attempting to misuse or circumvent RepairTime services or systems, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as circumventing, hacking, infiltrating, fraud, advertising, jamming or spamming, RepairTime 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.
POSTING RATINGS, REVIEWS, AND SERVICE PROVIDER CONTENT ON REPAIRTIME WEBSITE. RepairTime reserves the right, but not the obligation, to refuse to post or to remove any review or service provider (provided) content if RepairTime determines, in its sole discretion, that it contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech.
- References to illegal activity.
- Reviews that do not address the goods and services of the business or reviews with no qualitative value.
- Language that violates the standards of good taste or the standards of this Website.
- Comments regarding the services of a different service provider.
- Information related to work not part of the service request.
- Statements that are or appear to be false.
- Comments that disparage RepairTime.
Further, regarding reviews, the review writer must provide permission to RepairTime to contact the service provider about their service request. If a dispute arises between a Registered Member and a service provider, the rating submitted may be held in pending status until resolution is reached.
RATINGS AND REVIEWS ARE NOT ENDORSED BY REPAIRTIME. All ratings and reviews of a service provider displayed at the RepairTime Website reflect the opinions of Registered Members and do not reflect or represent the opinions or representations of RepairTime. RepairTime disclaims any and all representations or warranties with regard to Ratings and Reviews. Reviews do not reflect the views of RepairTime, its officers, directors, shareholders, affiliates or employees. RepairTime does not assume responsibility or liability for any reviews or for the claims, damages, or losses resulting from any use of the Website or any of the materials contained therein.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY REPAIRTIME, AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS 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 REPAIRTIME SERVICES OR IN CONNECTION WITH THE REPAIRTIME WEBSITE 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 RepairTime services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and RepairTime’s sole obligation to you or any third party for any claim arising out of your use of the RepairTime services and Website, is that you are free to discontinue your use of the RepairTime services and Website at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, REPAIRTIME 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 REPAIRTIME SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF REPAIRTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of RepairTime’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 RepairTime 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 the use of the RepairTime services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or forever be 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 Arizona as such laws are applied to agreements entered into and to be performed entirely in the State of Arizona and between Arizona residents. You agree to submit to jurisdiction in Arizona and that any claim arising under these Terms and Conditions will be brought in a court in Maricopa County, Arizona.