1.INTRODUCTION TO Connectlink. Upon your registration, you may choose your own password or Connectlink will assign you a password to access the Connectlink services through the Connectlink website.
2.Connectlink SERVICES. At Connectlink we are committed to making your total Connectlink 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 needs.
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 are either 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 they may perform for you if you elect to retain their services. Connectlink may inform you of certain offers or discounts provided by a service professional. Such offers or discounts are made solely by the service professional, and Connectlink does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by service professionals via the Connectlink website are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the Connectlink website. No contractual arrangement is created based upon the quotes provided to you from service professionals (or your scheduling of an appointment with a service professional) via the Connectlink website. To contract with a service professional, you must work directly with the service professional. Connectlink 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 Connectlink, nor is Connectlink an agent of the service professionals. Connectlink 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 RELEASE AND AGREE TO RELEASE Connectlink (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 Connectlink MATCHING UTILITY) FROM ANY OBLIGATION, LIABILITY, 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.RESOLUTION PROCESS AND LIMITED GUARANTEE. We cannot guarantee the work performed by a listed service professional and we have no obligation to you with regard to your relationship with a service professional. We have, however, developed the Connectlink resolution process to try and assist you in resolving any problems that may arise in the course of a home improvement repair or maintenance project and which may be the fault of a service professional who you learned about through the Connectlink. Pursuant to the Connectlink resolution process, although we have no such obligation, we may, upon your request and at our sole discretion, provide limited assistance to you in an attempt to resolve any dispute between you and a service professional. You must participate in the process in good faith. If Connectlink, in its sole discretion, determines that you have not participated in the process in good faith, Connectlink may terminate such resolution process and its limited assistance. Such limited assistance in no way alters or nullifies the release and indemnification described in these Terms & Conditions. If Connectlink, in its sole discretion, determines that you have participated in the process in good faith but nevertheless, the dispute has not been resolved to the satisfaction of Connectlink, Connectlink may, but shall not be obligated to, reimburse you any fees that you paid to the service profession up to $1,000 for work that gives rise to the dispute.
5.CALL RECORDING. You acknowledge and agree that Connectlink may monitor and/or record any telephone calls between you and Connectlink.
6.YOUR USE OF THE Connectlink SERVICES. You acknowledge and agree that your use of the Connectlink services is for your personal use and not for advertising purposes. You may not use the Connectlink website or services to unlawfully recreate or compete with the Connectlink services, to solicit or harass Connectlink service professionals, or for any other purpose not contemplated herein. You agree that all of the content and information posted on the Connectlink website, 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 Connectlink, 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 Connectlink for any such damages, and will defend indemnify and otherwise hold harmless Connectlink and its officers, directors, employees, agents and business partners from any and all third-party claims, demands, complaints, legal actions or other proceedings against Connectlink based on or arising from your use of the website. We reserve the right to revoke your access to the Connectlink website 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 Connectlink in its sole discretion that you are misusing or attempting to misuse or circumvent the Connectlink services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Connectlink 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.
YOU AGREE THAT INTENTIONALLY SUBMITTING FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS MAY CAUSE SIGNIFICANT COSTS AND DAMAGES THAT ARE DIFFICULT OR IMPOSSIBLE TO QUANTIFY TO Connectlink 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, AS LIQUIDATED DAMAGES YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Connectlink AND EACH Connectlink SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO Connectlink AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE PEOPLE ACTUALLY AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF A FALSE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), FOR EACH SUCH IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) 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, WHICH EVER IS GREATER.
7.NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Connectlink server ("Server") is granted, provided that (1) the following notice appears in all copies: “© 2012 Connectlink; used with permission”; (2) use of such documents from the website 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 by such entities outside the classroom requires express written permission of Connectlink. Use for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Connectlink website or any other Connectlink owned, operated, licensed or controlled site. Elements of Connectlink websites are protected by copyright, 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 Connectlink website may be copied or retransmitted unless expressly permitted by Connectlink. Connectlink AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE WEBSITE AND RELATED GRAPHICS PUBLISHED ON THE SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Connectlink AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE RELATED INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE Connectlink WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Connectlink 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.
8.LINKS TO THIRD PARTY SITES. The links in the Connectlink website will cause you leave ConnectLink website. The linked sites are not under the control of Connectlink and Connectlink 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. Connectlink is not responsible for webcasting or any other form of transmission received from any linked site. Connectlink is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Connectlink of the site.
9.SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS. For all service professionals within California (any service professionals outside of California are not reviewed prior to enrollment), unless otherwise noted on the screening tab of a service professional's profile page, Connectlink reviews the following as part of its registration process:
Licensing – For California service professionals subject to licensing by the California Contractors State License Board, Connectlink confirms at the time of the service professionals registration, that the prospective service professional has all applicable required state-level trade licensing. Given the unique nature of California licensing, Connectlink relies on representations of service professionals that are using a California General Building Contracting License to cover home improvement tasks, that such service professionals are performing more than one task as defined and required by California licensing rules. For any project, we recommend you confirm licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the business to provide you with a copy of their license. Except as expressly stated above, Connectlink does not check any form of licensing for service professionals.
California Business Filings - For service professionals that are California corporations or limited liability companies, we confirm that the service professional is in good standing.
Criminal Records Search – It is Connectlink’sunderstanding that the California State Licensing Board conducts a criminal search for any relevant criminal activity associated with an applicant for a license.
Sex Offender Search - We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home.
NOTE: Connectlink performs the screening expressly stated above solely at the time the service professional applies for membership in the Connectlink network, and therefore a service professional's information may change or expire over time. Thus, Connectlink cannot and does not warrant or represent that profile and screening information is up to date. Connectlink disclaims any obligation to update a service professional's screening information and will not do so. We recommend that before working with a service professional you verify that information presented in the service professional's profile, including any applicable state-level license, is still accurate, current and/or acceptable to you.
Corporate Accounts - Some service professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, Connectlink does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: Connectlink allows service professionals to post profiles about themselves and their business on the Connectlink website. Connectlink 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. Connectlink therefore makes no and expressly disclaims any representations or warranties regarding any information posted by a service professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Connectlink. Connectlink believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed or free of significant state-level civil legal judgments, during the period they are members, or thereafter. As circumstances can change daily, Connectlink advises consumers to check these matters for themselves. Connectlink 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 Connectlink 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: NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, Connectlink 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.
10.POSTING RATINGS & REVIEWS ON Connectlink WEBSITE
Connectlink reserves the right, but not the obligation, to refuse to post or to remove any review if Connectlink determines (in its sole discretion) that it contains or features any of the following:
a.Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
b.References to illegal activity.
c.Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
d.Language that violates the standards of good taste or the standards of this Site.
e.Comments concerning a different service professional.
f.Information not related to work requested in the service request.
g.Statements that are or appear to be false.
h.Comments that disparage Connectlink.
Further, the reviewer grants permission to Connectlink to contact the service professional about his or her work request. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached.
ratings & reviews are not endorsed by Connectlink.
All Ratings and Reviews of a service professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Connectlink. Connectlink disclaims any and all representations or warranties with regard to the ratings and reviews.
Reviews do not reflect the views of Connectlink; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.
Connectlink has no responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the website or the materials contained therein.
11.Connectlink App on Facebook. The Connectlink App on Facebook is a downloadable software application that consists of multiple tabs, including the Find A Pro directory tab ("Find A Pro Tab"). The Find A Pro Tab is an online directory community, hosted by Connectlink, which allows you to share service professional information, including ratings and reviews, with your friends and neighbors. Information in your Find A Pro Tab may contain information provided by you as well as by Connectlink and third parties, and information regarding both Connectlink service professionals and non-Connectlink service professionals. Connectlink makes no representations or warranties regarding non-Connectlink service professionals, including but not limited to any contact information regarding such non-Connectlink service professionals. Connectlink makes no representations or warranties regarding Connectlink service professionals that you become aware of and contact via the telephone numbers provided in the Find A Pro Tab (as in such case, we are unaware of the task for which you will be seeking service from the Connectlink Service Professional, and therefore will be unable to determine whether the Connectlink service professional has the appropriate state-level licensing for such task). The Limited Service Guarantee does not apply to any non-Connectlink service professionals. Further, the Limited Service Guarantee does not apply to any Connectlink service professionals that you become aware of and contact via the telephone numbers provided in the Find A Pro Tab. Connectlink represents that Connectlink Consumer Ratings and Reviews appearing on the Find A Pro Tab are Ratings and Reviews from consumers who have been matched by Connectlink to the Connectlink service professional. Connectlink makes no representations regarding any other Ratings and Reviews appearing in the Find A Pro Tab. You represent and warrant that any content you post or provide on the Find A Pro Tab shall be true and correct, and you are responsible for any such content that you post or provide on the Find A Pro Tab.
12.INDEMNIFICATION. YOU AGREE TO DEFEND AND INDEMNIFY Connectlink, 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 RELATING TO OR ARISING FROM YOUR USE OF THE Connectlink SERVICES OR IN CONNECTION WITH THE Connectlink WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
13.GENERAL PROVISIONS. You acknowledge and agree that the Connectlink services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Connectlink's sole obligation to you or any third party for any claim arising out of or relating to your use of the Connectlink services or the Connectlink website, is that you are free to discontinue your use of the Connectlink services or the Connectlink Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Connectlink EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE AND YOU AGREE THAT Connectlink SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Connectlink HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO 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. These Terms & Conditions will inure to the benefit of Connectlink's successors, assigns and licensees. If any provision of these Terms & 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 Connectlink to exercise or enforce any right or provision of the Terms & 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 Connectlink services or the Terms & 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 & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising out of or related to these Terms and Conditions or your use of the website will be brought solely in a court in Los Angeles County, California. You hereby waive any and all objections you may have to such venue based on jurisdiction, inconvenient venue or otherwise. These Terms and Conditions constitute the entire agreement between you and Connectlink and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by a written agreement signed by both parties.