26th August, 2009
To use this Website and the services, you must be of legal age to enter into a binding contract and not be prohibited from using the Website or the services by the laws of the jurisdiction from which you access the Website or the services.
1. Our Service
replacementwindows-match provides various content related to home improvement and repair and connects consumers with contractors (the "Service"). replacementwindows-match owns and retains all intellectual property rights in the Service and the replacementwindows-match content. While replacementwindows-match is not required to screen content accessible through links on the Service, replacementwindows-match reserves the right to do so and to remove any such links at any time.
2. Use of the Services.
The information contained within this Website is provided by replacementwindows-match and is intended for consumer and informational use only. You agree that you will not reproduce, duplicate, copy, sell, trade or otherwise exploit the Services for any commercial purpose. Content may be reproduced for non-commercial purposes only as long as replacementwindows-match is notified of such usage.
You are solely responsible for the products or services you buy through the Service. By providing links to other sites, replacementwindows-match does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to replacementwindows-match.
You must not: (a) directly or indirectly, interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (b) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content on the Website without our prior expressed written permission; (c) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (d) use or disclose (to anyone except replacementwindows-match) any confidential information you obtain from replacementwindows-match, (e) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, use a false email address, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (f) send any unsolicited e-mail or advertising to any known user.
WARNING: Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly careful when dealing with electricity. Moreover, always use common sense. You are using the Website and the content thereon at your own risk (see Disclaimers below).
3. Contractor Matching Service.
In using replacementwindows-match's contractor matching service, you acknowledge that replacementwindows-match is not acting as your general contractor, agent, or advisor. Therefore, it is your sole responsibility to select a contractor and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the contractor's and your own insurance coverage requirements.
replacementwindows-match does not recommend or endorse any specific service provider, provide advice on which service provider to select, or screen any individual service provider's personal credit or legal standing.
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 application or installation skills 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. 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. Your rights under contracts you make with service professionals typically are governed by your state and local laws. Should you have a dispute with any service professional, you must address such dispute to the service professional directly, and you hereby agree to release replacementwindows-match (and our 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 replacementwindows-match 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.
replacementwindows-match relies on electronic data provided by third parties and on statements made by service providers and their references to determine which service providers to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a service provider's record may have occurred which were not captured by the third party data sources used. replacementwindows-match does not guarantee that any service provider has licensing or insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the service provider may cancel the insurance without replacementwindows-match's knowledge. Unless otherwise specifically stated, replacementwindows-match does not endorse any product or service described in, offered on, or linked to replacementwindows-match's websites.
4. Content You Submit.
By posting or submitting content on or to the Service, including, without limitation, commentary, customer reviews, testimonials, feedback and messages on our blog (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you grant replacementwindows-match and its affiliates, agents and third party contractors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, display, publish, publicly perfom, publicly display and distribute any content you submit, post or display through the Services. You agree that any content you submit may be republished anywhere on our Website without your prior consent, including, but not limited to, our monthly newsletter and blog. Your content may also be referenced in other publications and marketing materials not affiliated with replacementwindows-match. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license to replacementwindows-match. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to or infringes or misappropriates third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant replacementwindows-match all of the rights granted herein; (ii) publish falsehoods or misrepresentations; (iii) use the Service for any illegal purpose or submit material that is unlawful, obscene, harmful, tortious, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post personal identity information such as credit card numbers, or (v) post advertisements or solicitations, including income opportunities, unless you have received our prior express written consent. replacementwindows-match reserves the right to remove or not publish submissions without prior notice.
If you are a copyright owner or agent thereof and believe that user content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached at:
Attn: Copyright Agent
950 Tower Lane, 6th floor
Foster City, CA 94404
By fax: 650-350-1423
5. Your Requests for Information.
replacementwindows-match and its affiliates provide links to external websites or resources to sign up for products and services provided by third parties, or for your convenience and reference. replacementwindows-match and its affiliates do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against replacementwindows-match or its affiliates arising out of your use of external websites or resources.
7. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. replacementwindows-match EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FOR THE AVOIDANCE OF DOUBT, replacementwindows-match WILL BEAR NO LIABILITY FOR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICE. FURTHERMORE, replacementwindows-match DOES NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OF ITS PARTNERS.
8. Limitation of Liability.
replacementwindows-match may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person.
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