Terms of Use
This Web site is offered to you, conditioned on your acceptance without modification, of the following
terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of
this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time.
If you have any questions regarding these Terms & Conditions, you may contact us at .
We may amend these Terms & Conditions at any time; changes or amendments will be posted at the
bottom of this page for public view and be considered effective 30 days from the date such changes
take place.
1. INTRODUCTION TO Contactor Inc.
Upon your registration, you may choose your own password or
Contactor Inc will assign you a password to access the Contactor Inc services through the Contactor Inc Web site.
2. Contactor Inc SERVICES.
At Contactor Inc we are committed to making your total Contactor Inc experience a positive
one. Upon entering your information and the request for which you would like a service professional,
we will provide you with a list of service professionals in your area, if any, who may be interested in
fulfilling your service need.
However, 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 skills or representations
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. Contactor Inc does not endorse or recommend the services of any particular service
professional. 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. The service professionals are not employees or agents of Contactor Inc,
nor is Contactor Inc an agent of the service professionals. Contactor Inc does not perform, and is not responsible for,
any of the services requested by you in your service request. Your rights under contracts you enter into
with service professionals are governed by the terms of such contracts and by applicable federal, state,
provincial and local laws. Should you have a dispute with any service professional, you must address
such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE
Contactor Inc (AND OUR OFFICERS, DIRECTORS, AFFILIATES, 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 Contactor Inc
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.
3. INFORMATION YOU PROVIDE TO US.
Upon using the Contactor Inc services, you will be prompted
to disclose certain information about yourself and your service requirements, and you will be able to
store information, such as home services records, on our Web site. Some of this information will be
sent to service professionals who will need this information to respond to you or to other persons or
entities in connection with our business. By providing this information to us, or by submitting a service
request, you are requesting, and you expressly consent to being contacted by us and by our service
professionals and providers 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. You agree that by
completing a service request, you are entering into a business relationship with Contactor Inc and its partners
and thus agree to be contacted by Contactor Inc and/or its partners. You promise that all information 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 Contactor Inc has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Contactor Inc has the right to refuse any
current or future use of the Contactor Inc services (or any portion thereof) by you. You are responsible for any
use of the Contactor Inc services by persons to whom you intentionally or negligently allow access to your
password.
4. YOUR USE OF THE Contactor Inc SERVICES.
You acknowledge and agree that your use of the Contactor Inc
services is for your personal use and not for any commercial or advertising purposes. You agree that all
of the content and information posted on the Contactor Inc Web site, including but not limited to Service
Professional profiles, screening information, and Ratings & Reviews (including any ratings and reviews
or other content posted by you), is the sole and exclusive property of Contactor Inc, 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. You acknowledge that a violation of the foregoing could result in significant
damages, and you agree that you are liable to Contactor Inc for any such damages, and will indemnify Contactor Inc in
the event of any third party claims against Contactor Inc based on or arising from your violation of the foregoing.
We reserve the right to revoke your access to the Contactor Inc Web site and services at any time. All
information about service professionals is confidential and for your personal use only. If it is determined
or suspected by Contactor Inc in its sole discretion that you are misusing or attempting to misuse or circumvent
the Contactor Inc services or system, or are using or attempting to use them for any inappropriate, nonpersonal,
or commercial purposes, including but not limited to activities such as hacking, infiltrating,
fraud, advertising, jamming or spamming, Contactor Inc 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.
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 Contactor Inc AND ITS SERVICE
PROFESSIONAL PARTNERS, 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 IN A SERVICE REQUEST, 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, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE
TO FULLY INDEMNIFY AND BE LIABLE TO Contactor Inc AND EACH Contactor Inc SERVICE PROVIDER
WHO ACCEPTS SUCH SERVICE REQUESTS, FOR 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.
5. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS
WEB SITE.
Permission to use documents (such as press releases, datasheets, content, informational
items and FAQs) from the Contactor Inc 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 Contactor Inc. 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 Contactor Inc Web site or any other Contactor Inc owned, operated, licensed or
controlled site. Elements of Contactor Inc Web sites 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 Contactor Inc web Site may be copied or retransmitted unless expressly permitted by
Contactor Inc. Contactor Inc 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. Contactor Inc 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 NONINFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
Contactor Inc WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Contactor Inc
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.
6. LINKS TO THIRD PARTY SITES.
The links in the Contactor Inc Web site will let you leave Contactor Inc's
Web site. The linked sites are not under the control of Contactor Inc and Contactor Inc 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. Contactor Inc is not responsible for webcasting or any other form of transmission received
from any linked site. Contactor Inc is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Contactor Inc of the site.
7. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS.
Contactor Inc.com uses the following criteria as part of its registration enrollment process ("registration") for
new home service professionals applying for membership in our network:
Licensing - Contactor Inc confirms at the time of a service professionals registration, that prospective new
service professional members have all applicable required state-level or provincial-level trade licensing.
Legal - For US service professionals, Contactor Inc utilizes third party services that record legal information to
check for significant recorded state-level civil legal judgments entered against a prospective new service
professional member by business customers within the three years prior to such service professional's
registration. Contactor Inc does not make any representations or warranties as general liability to the accuracy
or coverage completeness of the information provided by the third party services.
Insurance/Bonding - Wherever possible, Contactor Inc confirms general liability insurance coverage or
bonding information (for movers, either cargo valuation coverage or general liability insurance coverage)
presented by member service professionals in their profiles at the time of registration.
NOTE: Member service professional information confirmed as described above may change or expire
over time; while Contactor Inc attempts to maintain accurate and up-to-date information, and confirms changes
when notified, we perform screening solely at the time the member applies for membership in the Contactor Inc
network, and therefore, we cannot guarantee that profile and screening information is accurate.
Therefore, we recommend that before working with a service professional you verify that information
presented is still current and/or acceptable to you.
*Given the unique nature of CA licensing, Contactor Inc relies on representations of service professionals that
are using CA General building contracting license to cover home improvement tasks, that such service
professionals are performing more than one task as defined and required by CA licensing rules.
**Canadian service professionals are screened as described above, unless noted otherwise
Service Professionals Profiles: Contactor Inc allows Service Professionals to post profiles about themselves
and their business on the Contactor Inc Web site. Contactor Inc does not review or verify the information or
representations set forth in those profiles, except as expressly set forth above, as they are self-reported
by the Service Professional.
The above procedures may change from time to time at the sole discretion of Contactor Inc. Contactor Inc believes that
it uses commercially reasonable methods to check these matters but does not make any representations
or warranties that members are appropriately licensed, free of significant state-level civil legal
judgments, or carry appropriate general liability insurance or bonding at the time of registration, during
the period they are members, or thereafter. As circumstances can change daily, Contactor Inc advises
consumers to check these matters for themselves especially at future dates. Contactor Inc does not represent or
warrant that the information received from state, provincial or other government agencies or from third
party sources is accurate, error free, or that it is up to date or updated at the time that Contactor Inc checks
such information. Most agencies have periodic update cycles or schedules and this information is not
updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: Contactor Inc EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA,
PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE
PRESCREENING 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.
8. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY Contactor Inc, 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 Contactor Inc SERVICES OR IN CONNECTION WITH THE
Contactor Inc WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR
ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
9. GENERAL PROVISIONS.
You acknowledge and agree that the Contactor Inc services are provided to
you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and
Contactor Inc's sole obligation to you or any third party for any claim arising out of your use of the Contactor Inc
services or the Contactor Inc Web site, is that you are free to discontinue your use of the Contactor Inc services or the
Contactor Inc Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Contactor Inc 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 Contactor Inc SHALL HAVE NO LIABILITY FOR DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT),
EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Contactor Inc 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 Contactor Inc'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 Contactor Inc 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 Contactor Inc
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.
10. ARBITRATION.
Arbitration of Disputes- The Parties agree to resolve any and all claims, disputes, or
disagreements arising under the Contactor Inc services by and through arbitration, unless expressly provided
differently in this Agreement, as provided below and irrevocably waive any and all rights to the
contrary. The Parties agree to at all times conduct themselves in strict, full, complete and timely
accordance with the terms hereof and that any attempt to circumvent the terms of this Arbitration
Agreement shall be absolutely null and void and of no force or effect whatsoever.
Appointment of an Arbitrator- All disputes subject to this Arbitration Agreement, shall be
determined by binding arbitration before a retired judge or commissioner of the Superior Court of the
State of California for the County of Los Angeles affiliated with Judicate West, or ADR Services, or
ARC (Alternative Resolution Center of Los Angeles, CA) and apply the American Arbitration
Association ("AAA") guidelines under its commercial arbitration rules, or as may be otherwise mutually
agreed by Parties. Such arbitration shall be initiated by the Parties, or either of them, within ten (10)
days after either party sends written notice (the "Arbitration Notice") of a demand to arbitrate by
registered or certified mail to the other party and to the Arbitrator. The Arbitration Notice shall contain
a description of the subject matter of the arbitration, the dispute with respect thereto, the amount
involved, if any, and the remedy or determination sought.
In the event the Arbitrator is not selected as provided for above for any reason, the party
initiating arbitration shall apply to the Los Angeles Superior Court for the appointment of a qualified
retired judge to act as the Arbitrator.
Arbitration Procedure:
Pre-Action Hearings- The Arbitrator shall schedule a pre-hearing conference to resolve
procedural matters, arrange for the exchange of information, obtain stipulations, and narrow the issues.
The Partners will submit proposed discovery schedules to the Arbitrator at the pre-hearing conference.
The scope and duration of discovery will be within the sole discretion of the Arbitrator. The Arbitrator
shall have the discretion to order a pre-hearing exchange of information by the Partners, including,
without limitation, production of requested documents, exchange of summaries of testimony of
proposed witnesses, and examination by deposition of Partners and third-party witnesses. This
discretion shall be exercised in favor of discovery reasonable under the circumstances. The Arbitrator
shall issue subpoenas and subpoenas duces tecum as provided for in the applicable statutory or case
law (e.g., in California Code of Civil Procedure Section 1282.6).
The Decision- The arbitration shall be conducted in the County of Los Angeles at a
reasonably convenient site. Any Party may be represented by counsel or other authorized
representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the
Partners according to the substantive laws and the terms and provisions of this contract. The
Arbitrator's decision shall be based on the evidence introduced at the hearing, including all logical and
reasonable inferences therefrom. The Arbitrator may make any determination and/or grant any remedy
or relief that is just and equitable. The decision must be based on, and accompanied by, a written
statement of decision explaining the factual and legal basis for the decision as to each of the principal
controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as
a judgment by the court of applicable jurisdiction, subject only to challenge on the grounds set forth in
the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1286.2). The
validity and enforceability of the Arbitrator's decision is to be determined exclusively by the court of
appropriate jurisdiction pursuant to the provisions of this contract. The Arbitrator may award costs,
including without limitation, Arbitrator's fees and costs, attorneys' fees, and expert and witness costs, to
the prevailing party, if any, as determined by the Arbitrator in his discretion.
Whenever a matter which has been submitted to arbitration involves a dispute as to whether or
not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to
commence or cease such action shall be tolled from the date that the Notice of Arbitration is served
through and until the date the Arbitrator renders his or her decision. Provided, however, that this
provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was
prepared in bad faith.
Jurisdiction in the Los Angeles Superior Court- The only court that would have
jurisdiction to award any relief to any Party herein shall be the Los Angeles Superior Court for the State
of California. Parties waive any objections to this Court and will not petition or motion the Court for a
change of venue, jurisdiction, or make any request to otherwise transfer from this court. This
agreement and waiver is pursuant to Carnival Cruise Lines vs. Shute 111 S.Ct. 1522 (1991), and is
not intended to diminish the enforceability of the binding arbitration terms of this Agreement.
11. MODIFICATIONS.
This Agreement can be modified or rescinded only by a writing signed by Contactor Inc.com or their
duly authorized agents. This Agreement contains the entire Agreement of the parties on these matters,
superseding any previous Agreement between them. No other agreement, statement, or promise made
on or before the effective date of this Agreement by or to either party or his or her agent or
representative will be binding on the parties unless modified as set forth herein.
12. WAIVER.
No claim or right arising out of a breach of this Agreement can be discharged in whole or in
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved party.
13. SEVERABILITY.
All of the provisions of this Agreement are intended to be distinct and severable. If any
provision of this Agreement is or is declared to be invalid or unenforceable in any jurisdiction pertinent
to its interpretation, it shall be ineffective in such jurisdiction only to the extent of such invalidity or
unenforceability. Such invalidity or unenforceability shall not affect either the balance of such provision
to the extent it is not invalid or unenforceable of the remaining provisions hereof or render invalid or
unenforeceable such provision in any other jurisdiction.
14. APPLICABLE LAW.
This Agreement shall be governed under the laws of the State of California as effective and in
full force on the date of this Agreement. Further, parties agree that California remain the appropriate
forum for any cause of action arising out of this Agreement following and incidental to arbitration. In the
event of such litigation under this Agreement, non-prevailing party agrees to pay reasonable attorney’s
fees.
15. CUSTOMER INDEMNITY.
Customer agrees to indemnify Contactor Inc and hold Contactor Inc free and harmless of all debts or claims
arising from the reproductions and orders of customers which are incurred following work handled
by Contactor Inc upon the order of Customer.
