HOUSECALLPRO

Terms of Service for Consumers

Welcome to HouseCall, a technology service (“Service”) that allows people (collectively, “Consumers,” and individually, “Consumer”) to request home services from service professionals (“Pros”) operated by Codefied Inc. (“HouseCall,” “we,” or “us”). This page explains the terms by which you may use our Service as a Consumer, including but not limited to our interactive and/or mobile service, web sites, and software. For the HouseCall Pro terms of service click here.

ACKNOWLEDGEMENT & ACCEPTANCE

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by this Terms of Service Agreement (“TOS” or “Agreement”). This Agreement applies to all Consumers who access the Service (“Users”).

You acknowledge and agree that HouseCall may amend this Agreement at any time by posting a revised version of this Agreement on the Service or by notifying Consumers directly in HouseCall’s sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. HouseCall does not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of the Agreement.

USE RESTRICTIONS

Use of the Service is permitted only by individuals who can form legally binding contracts under applicable Law. If you do not qualify, do not use the Service. You may not use our service for any unlawful purposes or in furtherance of illegal activities.

SERVICE REQUESTS

Service Request

Upon registration with HouseCall, a Consumer may submit through the a request for service or work (“Service Request”) from Pros. All Service Requests posted through must be lawful and not in violation of any city ordinance, state, local or federal law. After submission of a Service Request, HouseCall will inform requested Pros of services requested by Consumer. However, HouseCall does not and cannot guarantee that there will be Pros who are capable of or willing to complete the requested services at the time and place requested.

Service Request Acceptance

When a Pro accepts a Service Request, the Consumer and Pro enter a binding legal agreement between for the Pro to complete the Service Request and the Consumer to pay the Pro.

Service Request Completion

When a Pro has completed the Service Request, the Pro will mark the request as complete and notify the Consumer via the Service. The Consumer will be automatically billed with their payment information registered with the Service. See below for dispute resolution policies.

INTERACTIONS AND DISPUTES WITH PROS
Consumer Verification

YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE PRO, INCLUDING THE INFORMATION IN THE PRO’S PROFILE, IS ACCURATE. HOUSECALL DOES NOT VERIFY ALL INFORMATION OR DOCUMENTS PROVIDED BY PROS AND EXPRESSLY DISCLAIMS ANY GUARANTEES OR WARRANTIES CONCERNING SUCH INFORMATION. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF PROS, TO INVESTIGATE AND TO DETERMINE, AMONG OTHER THINGS, WHETHER PROS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE INSURANCE OR BONDING AT APPROPRIATE LIMITS. HOUSECALL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER 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 CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH

No Warranty or Endorsement of Pro Services

HOUSECALL DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR PRO. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. HOUSECALL DOES NOT WARRANT THE PRO’S PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. HOUSECALL DOES NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. HOUSECALL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PRO OR THE PRO’S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT HOUSECALL MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.

Relationship Between Pros and Consumers

CONSUMER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH PROS. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY PRO, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY. HOUSECALL IS NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PROS.

RELEASE

IN EXCHANGE FOR THE REFERRAL SERVICE PROVIDED BY HOUSECALL AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, YOU EXPRESSLY AGREE TO RELEASE HOUSECALL, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ONE OR MORE PROS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NO WARRANTIES

HOUSECALL MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. HOUSECALL DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. HOUSECALL SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. HOUSECALL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HOUSECALL MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL HOUSECALL, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, PRO OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. HOUSECALL IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. HOUSECALL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, HOUSECALL USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CONTENT ON SERVICE
Content

Users may post “star ratings”, information, reviews, comments, messages, photos, profiles, send emails, submit materials, suggestions, ideas, comments, questions, or other information (collectively “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree that all of the User Content and information posted on the Service (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of HouseCall or the party posting such content. HouseCall reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.

Reliance on Content

“Star ratings”, opinions, advice, statements, reviews, offers, or other information or User Content made available through the Service, but not directly by HouseCall, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. HouseCall does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will HouseCall or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any Users.

Information You Provide to HouseCall

Upon using or registering for an account on the Service, you will be prompted to disclose certain information about yourself and your service requirements if you request services. Some of this information will be sent to Pros, who will need this information to respond to you or to other persons or entities in connection with the Service. By providing this information to HouseCall, or by submitting a Service Request, you are requesting, and you expressly consent to having details of your Service Request sent to Pros. You further consent to HouseCall’s use and display on the Service of anonymous data records from information collected from your Service Request, including your first name, last initial and the nature of the services you requested in your city. If you send a Service Request, HouseCall will send additional identifying information such as your full name, contact phone number, email address, and physical address of the job location to the Pros whom you selected to send the Service Request to. For complete details on HouseCall’s use of your information, please see our Privacy Policy. 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 HouseCall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HouseCall has the right to refuse any current or future use of the HouseCall services (or any portion thereof) by you.

You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

In the event that you provide HouseCall with any feedback regarding the HouseCall Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to HouseCall all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

Blocking of IP Addresses and UDIDs

In order to protect the integrity of the Service, HouseCall reserves the right at any time in its sole discretion to block Users from certain IP addresses and UDIDs from accessing the Service.

SECURITY

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.

TERMINATION OF ACCOUNT

This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason. To cancel an account, please send an email to support [at] tryhousecall [dot] com. If you terminate your account, your account will be disabled within 21 days. HouseCall may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to HouseCall. All decisions regarding the termination of accounts shall be made in the sole discretion of HouseCall. HouseCall is not required to provide you notice prior to terminating your account. HouseCall is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.

JURISDICTION AND CHOICE OF LAW

If there is any dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

DISPUTE RESOLUTION

You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the HouseCall Service be instituted more than three (3) years after the cause of action arose.

INDEMNIFICATION

Consumer agrees to indemnify, defend and hold harmless HouseCall, its parents, subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of any act or omission of Consumer, except to the extent such loss is caused by HouseCall’s sole negligence.

NO THIRD PARTY BENEFICIARIES

Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than HouseCall and the Consumer, any benefit, right or remedy.

SURVIVAL

The following provisions shall survive termination of the Agreement: No Warranty or Endorsement, Interactions and Disputes with Pros, Release, No Warranties, Limitations of Liability, all provisions in the Content on Service section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, Indemnification, No Third Party Beneficiaries, and Survival.

This terms of service was last modified on June 12, 2015.