Terms of Use - Gutter Cap

TERMS OF USE AND CONSUMER AGREEMENT WITH Gutter Cap.
The services offered by Gutter Cap (“Company”) are on the condition of your acceptance of the following terms, conditions and complete notices without modification (“Agreement”). The subsequent document herein shall refer to you and any of your affiliates or agents, employees, representatives and or subcontractors as “you” or “Consumer”. We reserve the right to amend this Agreement at any time by posting a revision of the Agreement on the Company’s website.
You represent that, if and as applicable, you are an individual at least 18 years of age and are competent to enter into an agreement to use the services proffered by the Company.
After you type your name, address telephone number and email address and the type of service you are attempting to have performed, the Company will make an attempt to match you with a home service provider (“Contractor”) that performs related services in the vicinity of your area (“Service Area”) who may wish to perform home service work that you request. However, the Company does not offers a guarantee that it will locate a qualified Contractor who is capable or willing to provide home services that match your home maintenance needs. While we partner with qualified Contractors, we make no representations or provide any expressed or implied guarantee for any Contractors’ representations of work or quality of work that might be provided by any Contractor.
While it is the intention of the Company’s to aid you in matching with a Contractor, the Company is not in any way responsible for the services requested by yourself or your agents or the work performed on your behalf or at at your request by any Contractor. The Company does not recommend or sanction any individual Contractor, due to the fact that the Company is not a legal party to your independent agreement with a home improvement Contractor. The Contractors are neither employees nor agents of the Company and the Company is in no way an agent of the contractors. All provided information about Contractors is confidential and for personal and informational use only.
Any and all legal agreements that you enter into with a Contractor are governed only by the written terms of your agreement and by applicable local, state, or federal law. Should you have a dispute or disagreement with a Contractor, you agree that dispute must be addressed through direct communication with the Contractor and you further agree to release the Company and its affiliates, managers, employees and agents in addition to any other person or entity including the Company’s professional partners, which might include our professional network of Contractors, from any and all damages or claims of every kind which could possibly arise out of or related to your agreement with or business dealings with a Contractor.
INFORMATION THAT YOU PROVIDE TO US & TCPA CONSENT. When you make use of the Company, you will be digitally prompted to disclose certain specific pieces of information about yourself, your home, and your service request requirements. A portion of this information will be delivered to Contractors who require this information for the purpose of evaluating or responding to your request. When you provide this information to us via digital prompt, or by submitting a service request, you are requesting, and you are expressly consenting to being contacted by us and by our network of Contractors via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any one or several of your contact numbers or addresses, even if your contact information is listed on any federal, state, provincial or other applicable “Do Not Call” list, so that we might provide the services described on our site, to reasonably address matters pertaining to your account or the service of your account, including but not limited to notifying you of appointments that you have scheduled, or for additional purposes that are reasonably related to your service request and our business, including the receipt of marketing related emails. You further authorize the Company and agents to send you an automated prerecorded call that may confirm your service request, along with calls from as many as four Contractors that can help you with your service request on the landline telephone number or the mobile telephone number that you provided, and you further understand that the Company and/or the Contractors might use automated phone technology which include auto-dialed and prerecorded messages to call you and that your consent is not required to purchase products, services, or home improvement consultation. For the complete details on how the Company may use of your information, please see our full privacy statement. By using our service request service, you agree that by completing a service request with the Company, you are entering a valid business relationship with the Company and or Contractor and hereby agree to be contacted by the Company and or Contractor pursuant to that relationship. You represent that all information you provide which includes but is not limited to your contact info, and any ratings/reviews of Contractors that you provide will be accurate, representative and truthful to the best of your understanding and knowledge. Should you submit any information that is not true, not representative or incompletely provided, or if the Company observes reasonable grounds for suspecting that such proffered information is not true, not accurate, not current or incomplete, the Company reserves the right to refuse any current or future use of the services by you, or refuse any individual component of service. You are solely responsible for any possible use of the services by individuals who you intentionally or negligently allow access to your password and/or accounts.
You agree that the website’s design and content is solely the property of the Company and further that you have no right to recreate, reproduce, disseminate or use the information for any purpose other than your personal and private use. At any time, we reserve the right to withdraw or revoke your digital access to the Company’s website and its connected services. Furthermore, you agree that your current and potential future use of the Company’s website is for the sole purpose of your personal use and not for business, marketing or sales. Should you violate any individual component of this provision, you agree that you shall be liable to the Company for any and all damages and shall indemnify the Company for any and all third party claims against the Company that could possibly arise out of your actions.
Furthermore, you acknowledge and agree that you are liable and/or will indemnify the Company and any Contractor from any attorney fees, damages, or other costs and expenses which possibly include any judicial, regulatory, or civil fines which might be incurred should you knowingly submit false information to the website. Should you attempt to misuse, misuse, or abuse the Company’s website, or circumvent the Company’s services or service providing system system or attempt to improperly utilize the Company’s website or services for non-personal or commercial purposes such as unauthorized computer access, spamming, fraud, or marketing, the Company reserves the right to terminate your access to the website at any time without notice, in addition to the right to file a claim in Cook County, Illinois to seek an equitable remedy up to and including monetary damages due to potential lost revenue, infrastructure repairs or remedies, and/or attorney’s fees or other legal costs and expenses in addition to seeking injunctions or other equitable remedies.
Any and all links on the Company’s website are solely designed and intended to be provided for your convenience. These digital links may direct you off of the Company’s website and are not related to the Company and are not controlled by the Company and the Company is not responsible for the content of those websites, or functioning or products of the website.
You acknowledge and fully understand that the Company offers no guarantee that it will pre-screen all Contractors and the Company makes no guarantees and expressly disclaims any guarantees or representations or warranties whatsoever with regard to these Contractors. The Contractors who receive your service request are available to you on an “as is” basis without guarantee. You must personally confirm that the Contractor you are independently dealing with is licensed if necessary in your geographic area and insured to your satisfaction and relevant legal requirements and you need to perform any desired investigation into references and background as you determine is required.
The Company actively encourages you to post to the website your reviews of the Contractors. You acknowledge that the Company may, at its sole discretion and with no notice, reject consumer reviews, and/or refuse to post them or remove them after posting them.
You acknowledge that reviews and/or ratings neither reflect nor represent the opinions or representations of the Company, its legal parent, affiliated or partner companies, or its employees or managers, but only other website users. Furthermore, you agree that the Company disclaims any and all perceived or explicit representations or warranties with regard to reviews and or ratings and shall not be held responsible and shall not be held liable for any review or any related claims, financial or business damages or loss incurred from utilization of the website as well as its contents.
The Company does not review or verify the information or representations provided by the Contractor. The Company has performed no criminal background check nor a legal search for potential civil judgments against the Contractor and is not to be held liable for any claim which may result from your failing to confirm a contractor’s professional or legal status as to a Secretary of State’s requirements and or whether a criminal, civil, or financial judgment has been entered against a Contractor and or its employees, subcontractors and or authorized agents.
Should our Company be unable to match you with a Contractor utilizing our website, the Company specifically reserves the right to send your request for services and related or unrelated profile information to another website or network of contractors. Should that event occur, you may be subject to the related terms and conditions of that particular website and or network.
You agree that the Company’s services are provided “as is” without any explicit or implied warranty, and that your sole remedy and the Company’s only duty to you for any claim arising from utilizing of the website or the Company’s services is that you may choose to cancel your use of the Company’s service or website at any time. The Company explicitly disclaims any implied warranties, including but not limited to, warranties of merchantability and fitness for particular purpose, as well as all other types of warranties. The Company shall not be indirectly, directly, specially, incidentally, or consequentially (including for lost profit) held liable for punitive or exemplary damages arising out of this Agreement. Should your state or province not allow legal limitations upon or exclusions of incidental or consequential damages both financial and otherwise and that state’s laws are deemed by a court of law to apply in this case, then these exclusions may not apply as required by law.
This Agreement shall be transferred to the benefit of the Company’s successors, as well as assignees and licensees. Should any provision of this Agreement be determined to be void, unenforceable, or unlawful, for any reason as well as by any court of competent jurisdiction, that provision shall receive modification or improvements to make it enforceable, while maintaining its spirit and original intent. If modification is not possible in the individual instance, that particular provision shall be struck from the Agreement and but shall not affect the validity and or enforceability of the remaining terms included in the Agreement. Furthermore, the Company’s failure to exercise and or enforce legally or administratively any right or provision of this Agreement shall not be considered to constitute a waiver of any right or provision. Any resulting claim or cause of action which stems from or us related to the use of the Company’s services or this Agreement must be filed within one (1) calendar year after such a related claim and or cause of action has resulted or be forever barred irrevocably. Accordingly this Agreement is governed by the laws of the great State of Illinois as such laws under consideration are applied to agreements entered into and to be performed completely within the State of Illinois and between Illinois residents or businesses located in Illinois. You agree that you submit to jurisdiction located in Illinois and that any claim stemming from or related to these Terms and Conditions will be brought only in the Circuit Court of Cook County located in the state of Illinois.
You agree to indemnify the Company and its officers, subsidiaries, employees, agents, affiliates, and or partners (“Company Partners”). You further agree that you shall hold the Company Partners harmless for any and all claims, demands, and or attorney fees that are made by you or a third party resulting from the Company’s service or related to its website or the violation of these terms and conditions or the legal or business rights of a third party entity or individual.