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 firstname.lastname@example.org. 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 your RepairTime experience a positive one. Upon entering your information and the service request for which you would like a service provider, we will attempt to provide you with a service provider that has been invited to participate in the RepairTime network by someone known to you, or known by someone connected to you in the network that has used the services of the service provider in the past. Service providers presented to you will include a reference to the referring party within your network. If we are unable to identify a service provider sufficiently connected to you within the network, we will endeavor to identify another service provider participating within the RepairTime network in your area, albeit not connected to you.
However, we do not guarantee that we will be able to match your service request with a service provider or that there are service providers in your area that are capable or willing to complete your service needs. We make no guarantees or representations regarding the skills or representations of such service providers or the quality of the job that they perform for you if you elect to retain their services. 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 service provider, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service providers who participate in the RepairTime network are not employees or agents of RepairTime, nor is RepairTime an agent of these service providers. RepairTime 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 providers are governed by the terms of such contracts and by applicable federal, state and local laws. Should you have a dispute with any service provider, you must address such dispute with the service provider 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 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 PROVIDERS.
RESOLUTION PROCESS. While we cannot guarantee the work performed by the service providers, and while we have no obligation to you with regard to your relationship with a service provider, RepairTime will try and assist you in resolving any workmanship problems that may arise in the course of a home repair or improvement service request and which may be the fault of a service provider who you learned about through RepairTime. We may, upon your request, provide limited assistance in resolving disputes between you and a service provider. You must participate and use good faith efforts to resolve problems through our resolution process. If, in the sole discretion of RepairTime, we determine that you have not participated and cooperated in good faith in the resolution process, RepairTime may terminate its efforts in resolving the problems. Such limited assistance in no way nullifies the release and indemnification described in these Terms and Conditions.
INFORMATION YOU PROVIDE TO US. Upon using the RepairTime services, you will be asked to disclose certain information about yourself and your service requests, and you will be able to store certain information on our Website. Some of this information will be sent to service providers 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 service providers via telephone, fax, email, or mail or any other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, or local “Do Not Call” list, in order that we may provide the services requested by you, to service your account, and to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business. For complete details and information regarding 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 RepairTime and its service providers and therefore agree to be contacted by RepairTime and/or its service providers. 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 services by you. You are responsible for any use of the RepairTime services by persons to whom you intentionally or negligently allow access to your password.
YOUR USE OF REPAIRTIME SERVICES. You acknowledge and agree that your use of RepairTime 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 RepairTime Website, including but not limited to Service Provider Profiles, ratings and reviews, including those posted by you, is the sole and exclusive property of RepairTime, 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 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 service providers is confidential and for your personal use only. 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, non-personal, or commercial 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.
TO KNOWINGLY INPUT FALSE INFORMATION, INLCUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS TO REPAIRTIME AND ITS SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUESTS, 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 SOMEONE 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 REPAIRTIME AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) $20,000 TO REPAIRTIME AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER, PER IMPROPER SUBMISSION, PLUS ANY ATTORNEY’S FEES, COSTS AND EXPENSES 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 ACTIVITIES, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
POSTING RATINGS AND REVIEWS ON REPAIRTIME WEBSITE. RepairTime reserves the right, but not the obligation, to refuse to post or to remove any Review 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, the review writer must provide permission to RepairTime to contact the service provider about their service request. If a dispute arises between a consumer 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 to you reflect the opinions of other 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, 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.