YOUR ACCEPTANCE OF THIS AGREEMENT. This is an agreement between you ("you," "your" or "user") and SmartGuy.com ("SmartGuy.com," "we," "us" or "our") that governs your use of this website as well as theSMARTGUY.COM website (collectively referred to as"Site" or "Website")." When you access or use the Site in any way you agree to be bound by these terms and conditions ("Terms").
Your use of the Site will be subject to the most current version of the Agreement posted on the Site at the time of such use. If you breach any of the Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials downloaded or printed from the Site and cease any further use of SmartGuy.com's services. You will forfeit your right to any monies that have accrued, are accruing or may be accrued in the future from the from theRewards Program (alsoknown as the Affiliate Program) upon termination.
TERMS AND CONDITIONS OF USE OF SMARTGUY.COM
1. What is SmartGuy.com
SmartGuy.com is an online resource for consumers in need of local services or goods. Whether you are looking to buy a home, sell a home, fix a home, or finance a home, chances are you can locate a qualified service professional to help. We can also help you find a good doctor, find someone to get your car fixed, or even find a good wedding coordinator. In fact, SmartGuy.com allows you to search from our professional service providers . ("Contractors and Service Professionals"). EachContractor and Service Professionalhas submitted information about him, her or their company and service, which is accessible by you 24 hours a day, 7 days a week. In fact, many Contractors and Service Professionals offer a discount for mentioning you found them at SmartGuy.com.
SmartGuy.com makes available through the Site information, documents, images, products, software and various services (collectively the "Services"), subject to the following Terms in this Agreement.
SmartGuy.com provides a service directory of hundreds of Contractors and Service Professionals. Contractors and Service Professionals have submitted to SmartGuy.com a full profile, including: their years in business, office hours, company overview, payment options, languages spoken, trade/business associations, locations, as well as any special discounts available.Simply enter the category andservice type along with your zip code and you can select from amongst the list of over 400 Contractors and Service Professionals. Once you select a Contractor and Service Professional, you can browse their web page filled with detailed information about their services, read reviews from local neighbors who have used them, check out any discounts offered, or contact them directly. Neighbors that have used that particular Contractor or Service Professional may rate and write reviews regarding the service provided. This information is available to you for free. This allows you to get an up-to-date impression of the Contractor or Service Professional from neighbors you trust. SmartGuy.com also provides you with numerous helpful articles and tips.
In using the Services and Site, you acknowledge that SmartGuy.com is not acting as your general contractor, agent, employee, independent contractor, partner, joint venturer, or advisor. It is your sole responsibility to select a Contractor or Service Professional and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements or other services (e.g. consult a lawyer regarding contracts, permits, and other necessary job documentation, or consult an insurance professional regarding the Contractor's, Service Professional's and/or your own insurance coverage requirements). SmartGuy.com does not recommend or endorse any specific Contractor or Service Professional, provide advice on which Contractor or Service Professional to select, or screen the Contractors' or Service Professionals' credit or legal standing.
We do not guarantee that we will be able to match your service needs with a Contractor or Service Professional or that there are Contractors or Service Professionals in your area that are capable and/or willing to complete your service needs. We make no guarantees or representations regarding the application or installation skills of such Contractors or Service Professionals or the quality of the job that he, she or they 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 Contractor or Service Professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Typically, state law governs your rights under any contract with a Contractor or Service Professional. Should you have a dispute with any Contractor or Service Professional, you must address such dispute to the Contractor or Service Professional directly, and you hereby agree to release SmartGuy.com (and our employees and agents, their officers, directors, shareholders, parents, subsidiaries, and independent contractors) and any other person, firm, or entity (including our business partners such as a product manufacturers or suppliers who may utilize the SmartGuy.com matching utility) from any damages, torts,or claims (including consequential, special exemptory 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 the Contractor or Service Professional or use of this site.
SmartGuy.com relies on electronic data provided by third parties and on statements made by Contractors or Service Professionals and their references to determine which Contractors or Service Professionals to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a Contractor's or Service Professional's record may have occurred which were not captured by the third party data. You are obligating yourself and thus become liable for the sources used. SmartGuy.com does not guarantee that any Contractor or Service Professional has licensing, bondingor insurance coverage at the time you enter into an agreement with the Contractor or Service Professional and SmartGuy.com makes no representation warranty 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 Contractor or Service Professional may cancel the insurance without SmartGuy.com's knowledge. Unless otherwise specifically stated, SmartGuy.com does not endorse any product or service described in, offered on, or linked to the Website.
3. Registration to Match User's Needs with Contractor or Service Professional
For SmartGuy.com to match your service needs with our Contractors or Service Professionals, you must complete a registration form, which requests contact information, such as name and email address, and detailed information about the service requested. No financial information, such as a credit card number, is collected from the consumer. We use this information to contact the user about our Services for which the user has expressed interest, to inform Contractors and Service Professionals of leads, and/or inform users about Contractors and Service Professionals they matched to. By providing this information to us in the registration form, you expressly consent to being contacted by us and/or by our Contractors or Service Professionals via phone, fax, email, mail or other reasonable means, at any of your provided contact numbers or addresses, in order that we may provide our Services, service your account, reasonably address matters pertaining to your account or for other reasonable purposes related to our business. Unique identifiers, such as username and password, are required.
4. Use of this Site and Services
You certify to us that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Services; (iii) you agree that all information you have submitted to SmartGuy.com, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Services or Site; and (iv) your use of the Services or Site is subject to all applicable federal, state, and local laws and regulations.
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct, data protection/ privacy and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
5. Password and security
SmartGuy.com grants you a personal, non-transferable and non-exclusive right and license to use the Services and Site by providing the user a user name and password to a single person. You agree not to provide any other individual access to SmartGuy.com via your login credentials. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify SmartGuy.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SmartGuy.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section or any sections.
7. Site Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. SmartGuy.com is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the Site. SmartGuy.com does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.. Under no circumstances will SmartGuy.com be liable in any way for any Content provided by users of the Site, Contractors or Service Professionals, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
8. Feedback, Ratings, Reviews, Rebuttals and Testimonials
Additionally, we collect feedback, ratings and reviews ("Ratings and Reviews") from users about the performance of Contractors and Service Professionals who work for them. We also collect general feedback and testimonials ("Feedback and Testimonials") from users, Contractors and Service Professionals using our Services and Site. By providing Ratings, Reviews, Feedback and Testimonials, you consent to our use, publication and/or distribution of such Ratings, Reviews, Feedback and Testimonials at no compensation to you. Further, if you are a Contractor or Service Professional, you acknowledge that all such Ratings, Reviews, Feedback and Testimonials are solely owned by SmartGuy.com, and you consent to the publication of Ratings or Reviews about you and your business.
If you provide Ratings, Reviews, Feedback or Testimonials, you hereby acknowledge and warrant that all of the information contained in the submitted Ratings, Reviews, Feedback or Testimonials will be factually accurate.
When Ratings, Reviews, Feedback or Testimonials are submitted to SmartGuy.com for publication, they become the property of SmartGuy.com and the contributing user, Contractor or Service Professional agree to assign all rights, title and interest in the content of the Ratings and Reviews or Feedback and Testimonials to SmartGuy.com.
In so far as the content of Ratings, Reviews, Feedback or Testimonials has not yet been assigned to SmartGuy.com, you hereby warrant that you are able to and, do in fact, grant to SmartGuy.com a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate and distribute and/or incorporate into other works in any form, media or technology now known or hereafter developed any copyrights, trademark rights or other proprietary rights in the content that are owned by you.
Ratings, Reviews, Feedback, Testimonials represent the opinion of the contributing user, Contractor or Service Professional. If SmartGuy.com determines that a contributing user, Contractor or Service Professional has submitted false or misleading information, SmartGuy.com reserves the right to delete the Content, Ratings, Reviews, Feedback or Testimonials and reject subsequent submissions from that contributing user, Contractor or Service Professional, and may terminate such user. SmartGuy.com does not take responsibility for the accuracy or completeness of Ratings, Reviews, Feedback or Testimonials. It is the responsibility of the Site's users to evaluate the accuracy, completeness and/or usefulness of any information, opinion, advice or other content found on the Site.
SmartGuy.com reserves the right to monitor Ratings, Reviews, Feedback, Testimonials and edit submissions by contributors to ensure compliance with these Terms and any applicable laws. SmartGuy.com further reserves the right to paraphrase or otherwise edit Ratings, Reviews, Feedback, Testimonials.
Material published including any Content, Ratings, Reviews, Feedback or Testimonials on the Site are the sole responsibility of the contributing user, Contractor and/or Service Professional. This means that a contributing user, Contractor or Service Professional, and not SmartGuy.com, is entirely responsible and liable for all material and content submitted to SmartGuy.com and which may be contained in Ratings, Reviews, Feedback and Testimonials.
SmartGuy.com reserves the right to deny requests, to remove any Ratings, Reviews, Feedback or Testimonials from the Site, including Contractors' and Service Professionals' profile information.
Under no circumstances will SmartGuy.com be liable in any way for any material and content, including but not limited to, any errors or omissions in any material and content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon the material and content published in Ratings, Reviews, Feedback and