This Website and GutsyHome's services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices (“Terms and Conditions”). Your use of this Website or submission of any service requests via our applications based on iOS and/or Android, constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any GutsyHome service or property such as websites or apps owned and operated by GutsyHome (including but not limited to GutsyHome.com, the website and apps, etc) and collectively referred to herein as “GutsyHome” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at info@GutsyHome.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on March 20, 2019.
1. REGISTRATION. Upon registration, you may choose your own password or GutsyHome will assign you a password to access the GutsyHome services through the GutsyHome website or apps.
2. SERVICES. At GutsyHome we are committed to making your total GutsyHome experience a positive one. GutsyHome is a communication portal between tenants, landlords and services providers for the contracting, coordination, and payment of home services and repairs. As a landlord you may chose a service provider from our database or input the information of your preferred service provider into our database. GutsyHome database service providers. Upon entering your information and the request for which you would like a service provider, we will attempt to match you with as many service providers in your area, who may be interested in fulfilling your service repair. However, we do not guarantee that we will be able to match your service needs with a service providers or that there are service provider in your area that are either capable or willing to complete your service request.
3. GUTSYHOME SERVICE PROVIDER DIRECTORY. You can view a directory of service providers in your selected area who provide services in the specialties that you select. These listings include ratings and reviews of those service providers from their customers, when available. You can also input information about your preferred service provider to include them, with the acceptance, into the directory. Although we take certain steps to examine the credentials of our listed service providers, we make no guarantees or representations regarding the skills or representations of such service provider or the quality of the job that he or she may perform for you if you elect to retain their services. GUTSYHOME DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR SERVICE PROVIDER. It is entirely up to you to evaluate a service provider's qualifications, and to enter into a direct contract or otherwise reach agreement with a service provider. We do not guarantee or warrant any service provider's performance on the job or the outcome or quality of the services performed. The service providers are not employees or agents of GutsyHome, nor is GutsyHome an agent of the service providers.
4. NO CONTRACTING VIA THE GUTSYHOME WEBSITE. GutsyHome may inform you of certain offers or discounts provided by a service provider. Such offers or discounts are made solely by the service provider, and GutsyHome does not guarantee or warrant the pricing or discounts that a service provider may offer you. Any quotes provided by the GutsyHome or apps, or which you find on the GutsyHome or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via GutsyHome. No contractual arrangement is created based upon the quotes provided to you from any repair provider (or your scheduling of an appointment with a service provider) via GutsyHome. To contract with a repair provider, you must work directly with the repair provider. GutsyHome does not perform, and is not responsible for, any of the services requested by you in your repair request. Your rights under contracts you enter into with service providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
5. RELEASE FROM DAMAGES OR CLAIMS. Should you have a dispute with any service provider, you must address such dispute with the service provider directly. YOU HEREBY AGREE TO RELEASE GutsyHome (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) 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 PROVIDERS.
6. SERVICE PROVIDER. You may enter your information to be included in the service provider directory. Alternatively, a landlord may input your contact information, upon which you will be contacted to complete the registration process. At that time you will be afforded the opportunity to remove the information entered by the landlord from the directory. Your failure to remove such information is constructive authorization to GutsyHome to utilize the information provided as stated in these Terms & Conditions.
7. USE OF SERVICES AND PROHIBITED USES. You acknowledge and agree that your use of GutsyHome is for your personal use and not for advertising purposes. You may not use GutsyHome to recreate or compete with GutsyHome, to solicit or harass GutsyHome service providers, tenants or landlords (collectively, “Clients”), or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to GutsyHome for any such damages, and will indemnify GutsyHome in the event of any third party claims against GutsyHome based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any GutsyHome products or properties at any time. All information about Clients is confidential and for your personal use only. If it is determined or suspected by GutsyHome in its sole discretion that you are misusing or attempting to misuse or circumvent the GutsyHome services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, or have conducted yourself in a way that may prejudice Gutsy Home or its Clients, GutsyHome 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.
8. INFORMATION YOU PROVIDE TO US. Upon using GutsyHome, you will be prompted to disclose certain information about yourself and your business if applicable, as well as providing the opportunity to remove your information already in the database by sending a request to email@example.com. You will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Clients who will need this information to communicate and provide services. By providing this information, or not requesting removal of your information as stated above, by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Clients 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, including marketing related emails. 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 GutsyHome and its partners and thus agree to be contacted by GutsyHome and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service providers that 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 GutsyHome has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GutsyHome has the right to refuse any current or future use of the GutsyHome services (or any portion thereof) by you. You are responsible for any use of the GutsyHome services by persons to whom you intentionally or negligently allow access to your password. 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 GUTSYHOME AND ITS CLIENTS, 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, 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, OR FALSE CREDENTIALS, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO GUTSYHOME AND EACH GUTSYHOME SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF GUTSYHOME AND EACH OF THE AFFECTED CLIENTS 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, WHICH EVER IS GREATER.
9. PAYMENT. You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). GutsyHome will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. All Charges and payments will be enabled by GutsyHome using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that GutsyHome may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by GutsyHome. As between you and GutsyHome, GutsyHome reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in GutsyHome's sole discretion. Further, you acknowledge and agree that Charges applicable in certain days, such as holidays and /or none business days, may increase substantially. GutsyHome will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. GutsyHome may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a third party provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. GutsyHome may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any third party provider for other third parties. In certain cases, with respect to third party providers, Charges you incur will be owed directly to third party providers, and GutsyHome will collect payment of those charges from you, on the third party provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third party provider. In such cases, you retain the right to request lower Charges from a third party provider for services or goods received by you from such Third party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third party Provider. GutsyHome will respond accordingly to any request from a third party provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a third party provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to GutsyHome or its affiliates, where GutsyHome is solely liable for any obligations to third party providers. In such cases, you retain the right to request lower Charges from GutsyHome for services or goods received by you from a third party provider at the time you receive such services or goods, and GutsyHome will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, GutsyHome does not designate any portion of your payment as a tip or gratuity to a third party provider. Any representation by GutsyHome (on GutsyHome's website, in the Application, or in GutsyHome's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that GutsyHome provides any additional amounts, beyond those described above, to a third party provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any third party provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
10. DISPUTE RESOLUTION. Though no obligation exists, in the event GutsyHome, upon your request, provides limited assistance in resolving disputes between you and another Client, you must participate and use good faith efforts to resolve problems and such limited assistance by GutsyHomes in no way nullifies the release and indemnification described in these Terms & Conditions.
11. CALL RECORDING. You acknowledge and agree that GutsyHome may monitor and/or record any telephone calls between you and GutsyHome.
12. USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on GutsyHome ("Content"), including but not limited to the following is the sole and exclusive property of GutsyHome, 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:
13. OUR RIGHT TO USE YOUR CONTENT. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
14. GRANT OF LICENSE. You hereby grant GutsyHome and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the GutsyHome and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
15. REPRESENTATION OF OWNERSHIP AND RIGHT TO USE CONTENT. By posting or providing any Content to GutsyHome, you represent and warrant to GutsyHome that you own or have all necessary rights to use the Content, and grant to GutsyHome the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
16. CONTENT GUIDELINES. GutsyHome reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any GutsyHome owned or operated websites or apps if GutsyHome determines (in its sole discretion) that such content contains or features any of the following:
17. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the GutsyHome 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 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 GutsyHome. 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. Documents specified above do not include the design or layout of the GutsyHome or apps or any other GutsyHome owned, operated, licensed or controlled site. Elements of the GutsyHome or apps are protected by 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 GutsyHome web Site may be copied or retransmitted unless expressly permitted by GutsyHome. GutsyHome 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. GutsyHome 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 GutsyHome WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GutsyHome 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.
18. SERVICE PROVIDER PRE SCREENING PROCEDURES AND DISCLAIMERS. Unless otherwise noted on the screening tab of a service provider's profile page, GutsyHome.com will not provide pre-screening services.
19. DISCLAIMER: GUTSYHOME EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.
20. RATINGS & REVIEWS ARE NOT ENDORSED BY GUTSYHOME.COM.All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of GutsyHome. GutsyHome disclaims any and all representations or warranties with regard to the Ratings and Reviews. GutsyHome does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
21. ARTICLES AND OTHER CONTENT.GutsyHome provides certain content relating to home improvement, repair, maintenance ("Articles"), on the GutsyHome or apps, and via mobile applications owned and operated by GutsyHome. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
22. LINKS TO THIRD PARTY SITES.The links in the GutsyHome or apps will let you leave GutsyHome's Web site. The linked sites are not under the control of GutsyHome and GutsyHome 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. GutsyHome is not responsible for webcasting or any other form of transmission received from any linked site. GutsyHome is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GutsyHome of the site.
23. INDEMNIFICATION.YOU AGREE TO INDEMNIFY GUTSYHOME, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS 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 THE GUTSYHOME SERVICES, IN CONNECTION WITH THE GUTSYHOME WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROVIDER, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
24. GENERAL PROVISIONS.You acknowledge and agree that the GutsyHome services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and GutsyHome's sole obligation to you or any third party for any claim arising out of your use of the GutsyHome services or the GutsyHome or apps, is that you are free to discontinue your use of the GutsyHome services or the GutsyHome or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GutsyHome 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 GutsyHome SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF GutsyHome 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 PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of GutsyHome'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 GutsyHome 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 GutsyHome 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 Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Miami Dade County, Florida. These Terms and Conditions constitute the entire agreement between you and GutsyHome and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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