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These Terms of Use (the "Terms") govern how you (the "Customer") may use the Service provided by NEU Home Services (the "Company") and its affiliates. NEU Home Services grants you the right to use the website and all the Services available through it (collectively, the "Services"), subject to the terms and conditions set out below. Customer and Company are each a "Party" and collectively the "Parties."
Your use of the website, Services, and tools described here is governed by these Terms of Use, together with our Privacy Policy, which together make up your agreement with us (the "Agreement").
Definitions
Customers. "Customer" means the homeowners who use our Services.
Home Improvement Contractors. "Home Improvement Contractors" means users who have created accounts with us to render renovation services to homeowners, participate in our advertising Services, and participate in other Services we direct toward them.
Account related information. Contact and biographical information about a customer or their representatives, used for marketing, opening new accounts, and maintaining existing accounts.
Customer content. Data or content in customer properties the Company has access to, and any other data a customer submits to the Company or the Company generates for a customer in connection with the Services (not including account related information).
Claims. Collectively, claims, demands, suits, losses, damages, liabilities, costs, actions, judgments, and expenses, including reasonable attorney's fees.
Intellectual property rights. All forms of intellectual property rights and protections, including patents, patent applications, trade secret and non-disclosure rights, copyrights and author's rights, and trademarks, service marks, trade names, product names, and brand names.
Personal identifiable information. Any information that identifies, relates to, describes, or could reasonably be linked to an identified or identifiable person, including but not limited to: name, postal address, unique personal identifier, IP address, email address, account name, or passport number or similar identifier.
Service for Customers
Customers may fill out the form on our website to be connected with a home improvement contractor. After you submit the form, we share the information you provide with the contractor you were matched with. That data is transmitted via email and API, going directly from our database to the contractor's customer relationship management (CRM) system. Contractors are responsible for communicating with customers, agreeing on the terms of service, and resolving any disputes that arise from the renovation services performed. All contractors who contact you through our website are our clients. Please notify us if a contractor misrepresents information or acts deceptively toward you. If a contractor wants to reach you based on an anonymized profile built from the pages you visited on our site, we will contact you first to see if we can make that connection. Where we work with a third party to improve the leads we provide to our contractor subscribers, we may share additional, but limited, personally identifiable information with that third party solely for the purpose of carrying out that work on our behalf.
Entire Terms
These Terms:
- Apply to and are incorporated into any Services provided by NEU Home Services to the customer, and
- Prevail over any inconsistent terms or conditions contained in, or referred to in, the customer's purchase order, confirmation of order, or specification, or implied by law, trade custom, practice, or course of dealing.
The customer contracts with NEU Home Services under this Agreement, and NEU Home Services agrees to provide the Services in accordance with the customer's applicable request.
Intellectual Property Rights
The Services are controlled and operated by NEU Home Services. You acknowledge that you are obtaining only a limited right to use the Services, and that regardless of any use of the words "purchase," "sale," or similar terms in this Agreement, no ownership rights are conveyed to you.
You agree that NEU Home Services retains all right, title, and interest in the Services, our name, logo, data, text, graphics, charts, information, images, drawings, trademarks, videos, sounds, music, software, and other materials, as well as all associated copyrights and intellectual property rights.
You agree not to use or register any trademark, service mark, business name, domain name, or social media handle that incorporates our Services in whole or in part, or that is similar to any of these.
By using our Services, you agree, on behalf of yourself and your users, not to:
- Modify, prepare derivative works of, or reverse engineer our Services;
- Knowingly or negligently use our Services in a way that abuses or disrupts our networks, user accounts, or the Services;
- Transmit through the Services any harassing, indecent, obscene, or unlawful material;
- Market or resell the Services to any third party;
- Use the Services in violation of applicable laws or regulations;
- Use the Services to send unauthorized advertising or spam;
- Harvest, collect, or gather user data without consent;
- Transmit material that may infringe the intellectual property, privacy, or other rights of third parties; or
- Use the Services to commit fraud or impersonate any person or entity;
- Use the Services for any illegal or unauthorized purpose, including in violation of copyright laws;
- Transmit any worms, viruses, or code of a destructive nature.
A breach or violation of any of these terms will result in immediate termination of your access to our Services.
Customer Content
You retain all right, title, and interest, including all intellectual property rights, in the customer content you submit to, or that is generated by or accessed through, the website. You grant NEU Home Services a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, modify, create derivative works of, and display your customer content only to the extent necessary to provide the Services to you.
You acknowledge that NEU Home Services is not obligated to maintain a backup of your data, and we may not be able to restore data deleted at your request.
You will not use the Services to submit content that is:
- Deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, or religiously, racially, or ethnically offensive; that encourages illegal or tortious conduct; or that is otherwise inappropriate at our discretion;
- Contains viruses, bots, worms, scripting exploits, or similar material;
- Could otherwise cause damage to us or to any third party.
Contents Posted on Site
Except as expressly provided in these Terms, no part of the website or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, including mirroring, to any other computer, server, website, or medium, for publication, distribution, or any commercial purpose, without our express prior written consent.
Warranties and Disclaimers
Limitation of Liability
This section sets out the entire financial liability of NEU Home Services, including for the acts or omissions of its employees, agents, and subcontractors, arising under or in connection with the Agreement, including any use made by the customer of the Services, and in respect of any representation, statement, or tortious act or omission (including negligence).
All warranties, conditions, and other terms implied by statute or common law are excluded from these Terms to the fullest extent permitted by law. Nothing in these Terms limits or excludes liability for death or personal injury resulting from negligence, or for damage or liability resulting from fraud or fraudulent misrepresentation.
Subject to the above, NEU Home Services and its directors, partners, employees, contractors, and agents will not be liable for loss of profits, loss of business, depletion of goodwill or similar losses, loss or corruption of data, or any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses relating to customers or their property during the provision of Services.
While we use reasonable efforts to ensure customer content and materials provided to us are not lost or damaged, we are not responsible or liable for any loss or damage that may occur.
Indemnification
You agree to indemnify and hold harmless the Company and its directors, officers, shareholders, contractors, and agents from and against any Claims arising out of or in connection with:
- Your use of the Services or website, including any content you post on our website;
- Any breach of applicable law by you, or infringement of any third party's intellectual property rights, including patents and copyrights;
- Claims and complaints from contractors regarding their services, or wrongful, intentional, or unintentional actions by customers that caused harm;
- Any action, suit, proceeding, cost, charge, expense, or other liability brought against, suffered, or incurred by the Company as a result of any breach, non-performance, or non-observance by the customer of their obligations under this Agreement.
Attorney's Fees and Costs
The prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys' fees and costs incurred in connection with that action.
Governing Law
This website is created and controlled by NEU Home Services. Any dispute involving the website or the Services, arising out of or relating to these Terms, including questions of validity, construction, or enforceability, is governed by the laws of the United States of America. You agree to the exclusive jurisdiction of the courts of the United States with respect to all terms, conditions, and disclaimers herein.
General Terms
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. This will not affect the validity or enforceability of any remaining provisions.
Termination
These Terms remain effective unless and until terminated by either the customer or the Company. You may terminate this Agreement at any time by discontinuing use of the website. We may terminate this Agreement at any time, without notice, and deny you access to the site, without liability to you. Termination does not cancel any obligation to pay for Services already ordered, or affect any liability that may have already arisen against you, us, or our contractors.
Entire Agreement
These Terms, together with our Privacy Policy, are the complete and exclusive statement of the mutual understanding between the parties, and supersede all previous written and oral agreements and communications relating to this subject matter.
Force Majeure
Neither the customer nor a contractor will be liable to the other for any delay or failure to perform an obligation under this Agreement (except a failure to pay money) where the delay or failure results from an unforeseen event beyond that party's reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, or failure or diminishment of a power, data, or telecommunications network.
Marketing
NEU Home Services may use a customer's name and logo on our website and other marketing materials solely to identify them as a customer of NEU Home Services, without revealing any confidential information.
Changes to the Terms
You can review the most current version of these Terms of Use on this page at any time. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website or the Services following any posted changes constitutes acceptance of those changes.
Contact Information
If you have questions or concerns regarding these Terms, please reach out to our support team.
