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 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 October 9, 2015.
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.
3. 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.
4. INFORMATION YOU PROVIDE TO US. Upon using GutsyHome, you will be prompted to disclose certain information about yourself and your business if applicable, s well as providing the opportunity to remove your information already in the database by sending a request to firstname.lastname@example.org. 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.
5. 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.
6. CALL RECORDING. You acknowledge and agree that GutsyHome may monitor and/or record any telephone calls between you and GutsyHome.
7. 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:
8. 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.
9. 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.
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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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 Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. 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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