Terms of Use

Home Renovation Helper Terms of Use

Welcome to HomeRenovationHelper.com, a service operated by Tuel Marketing Solutions LLC. These Terms of Use (“Terms”) outline your legal responsibilities and obligations when using our website, available at https://www.homerenovationhelper.com (the “Service”). The term “Service” includes any aspect or component of the Service.

These Terms apply to all users who register, access, browse, or use the Service in any manner (“user” or “you”). This includes individuals seeking to offer services in the home improvement industry (“Contractors”) and those seeking to hire Contractors for such services (“Homeowners”).

By using the Service, you agree to be bound by these Terms as well as any additional terms, conditions, rules, and policies that we post on the Service, including our Terms & Conditions for Contractors at https://www.homerenovationhelper.com/terms-and-conditions, which are incorporated by reference. If you are using the Service on behalf of an organization, “you” and “user” also refer to that organization.

Tuel Marketing Solutions LLC, referred to as “Home Renovation Helper,” “we,” “our” or “us,” manages the Service. Our Privacy Notice at https://www.homerenovationhelper.com/privacy-policy outlines how we handle personal data related to your use of the Service.

By accessing or using the Service, you represent and warrant that you:

• Have read, understand, and agree to comply with these Terms in their entirety;
• Have the legal authority to enter into these Terms on behalf of yourself or your organization;
• Are of legal age to form a binding contract in your jurisdiction;
• Own the property or have authorization from the property owner to undertake home improvements if you are acting as a Homeowner;
• Will comply with all applicable laws and regulations in connection with your use of the Service.
• A printed version of these Terms shall be admissible in legal or administrative proceedings to the same extent and under the same conditions as other business documents and records originally created and maintained in printed form.

If you do not agree with these Terms, you must discontinue your use of the Service immediately.

Home Renovation Helper Services for Homeowners

To request renovation services, Homeowners should provide all required details on the Service, including their location, the type of repair or renovation services needed, and their contact information. Once a Homeowner submits a request, a Contractor may contact the Homeowner to offer the requested services.

Homeowners and Contractors are responsible for negotiating and entering into their own agreements for home improvement services. Home Renovation Helper is not a party to these agreements and does not guarantee the performance of any services by Contractors. This includes aspects such as pricing, execution, timeliness, or quality of the services, materials used, or the final work product. Homeowners and Contractors must independently handle their communications, agree on service terms, and resolve any disputes that may arise between them. Homeowners acknowledge that using the Service does not guarantee that any Contractor will contact them or agree to provide services.

Home Renovation Helper and Contractors operate as independent entities. Contractors must not present themselves as employees, officers, agents, representatives, joint venturers, or partners of Home Renovation Helper or its affiliates, employees, officers, agents, representatives, or business partners (collectively, “Home Renovation Helper Parties”). Contractors must not claim they have the authority to bind Home Renovation Helper Parties to any obligations or agreements. Neither party has the power to bind the other to any contract or performance obligation.

Homeowners are required to provide accurate and current information about the services they receive or do not receive from Contractors. For instance, please inform us if Contractors suggest that you mislead us by reporting false information about services that were not provided.

Intellectual Property

Home Renovation Helper Content

We control, operate, and own the Service.

The Service comprises various elements such as data, text, graphics, charts, information, images, photographs, visual interfaces, designs, drawings, trademarks, logos, video, sounds, music, software, code, newsletters, emails, services, and other materials, along with their compilation, selection, and arrangement (collectively, “Content”). Between you and us, we own or license all Content, except for personal data and User Content (as defined below), which remain owned by you or your licensors. Content is protected by relevant intellectual property, copyright, and proprietary rights and laws. You must not remove any proprietary, copyright, or other notices from any Content and must comply with any additional copyright notices or restrictions contained within any Content.

Subject to your compliance with these Terms, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Service and its Content on your device(s) in jurisdictions where we offer the Service. This license is solely for the purpose of learning about the Service, connecting with Contractors if you are a Homeowner, and connecting with Homeowners if you are a Contractor. We retain all rights not expressly granted to you in these Terms, and you agree that you do not receive any intellectual property rights under legal theories such as estoppel or by implication.

You must not do, attempt to do, or assist anyone in doing any of the following:

• Use any robot, spider, automated device, or manual process to monitor, copy, or “scrape” web pages or other Content from the Service, or for any other unauthorized purpose, without our prior written consent;
• Bypass, disable, remove, deactivate, impair, descramble, or otherwise circumvent any technological measures designed to protect the Service;
• Probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures of the Service or any network connected to it;
• Use the Service for illegal purposes or to create or offer a service that competes with the Service;
• Sell, resell, license, sublicense, reverse engineer, decompile, disassemble, reproduce, adapt, or modify the Service, except as permitted by applicable law;
• Harass, threaten, intimidate, impersonate any person, falsify your contact or other information, misrepresent your relationship with any person or entity, including misrepresenting your relationship with Home Renovation Helper, or otherwise attempt to mislead others;
• Alter or remove any proprietary, copyright, or other notices from any Content.

Any attempt to engage in these activities constitutes a violation of these Terms and the rights of Home Renovation Helper. If you violate any of these restrictions, your access to the Service will be reviewed and potentially terminated, and you may be subject to legal action and damages.

User Content

You may contribute, upload, publish, or otherwise provide content, comments, and feedback to us in connection with the Service (collectively, “User Content”). Be aware that any User Content you provide through the Service may be accessible to other users.

By providing User Content, you grant Home Renovation Helper an irrevocable, unconditional, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, worldwide license to access, use, copy, modify, distribute, publish, reproduce, create derivative works from, store, cache, and otherwise fully exploit (collectively, “Use”) your User Content. This license allows us and others authorized by us to Use your User Content in any format and on any existing or future platform, without needing further consent, notice, and/or compensation to you or others.

By providing any User Content, you represent and warrant that:

The User Content does not contain any viruses, malware, or other harmful or disruptive components;

• The creation, distribution, downloading, copying, or Use of such User Content does not and will not infringe the rights of any third party;
• You are the creator and owner of the User Content or have the necessary licenses, rights, consents, releases, and permissions to Use your User Content in any manner contemplated by these Terms;
• You are solely responsible for all personal data that may appear in your User Content (such as names, addresses, pictures of individuals, their contacts, bank details, etc.), and will provide all notices and obtain all consents necessary under applicable laws to allow the Uses contemplated by these Terms.

We are not obligated to publish or otherwise Use your User Content and may remove any User Content from the Service if it violates these Terms.

Use Restrictions

You are prohibited from using the Service in any manner not explicitly allowed by these Terms. This includes, but is not limited to, the following actions:

• Publishing Content that contains pornographic material, sexually explicit content, obscene language, or material that is offensive to the online community, including content that propagates racism, hatred, or physical harm against any group or individual;
• Sending spam or collecting personal information about users, such as names, phone numbers, addresses, and emails, without the user’s prior consent;
• Engaging in activities, submitting Content, or promoting information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
• Harassing, threatening, intimidating, impersonating any person, falsifying your contact or other information, misrepresenting a relationship with any person or entity, including misrepresenting a relationship with HomeRenovationHelper, or otherwise attempting to mislead others;
• Deviating from the established topic of communication (“off-topic”) in a discussion board;
• Promoting advertisements, contests, sweepstakes, and pyramid schemes without our prior written consent;
• Using automatic or manual means to copy the Content or collect users’ personal data without our prior written consent;
• Unreasonably loading the Service with large amounts of information and data that interfere with the operation of the Service, our security system, or others’ access to the Service, or otherwise interfering with the Service’s operations;
• Probing, scanning, or testing the vulnerability of the Service, or breaching the security or authentication measures of the Service or any network connected to the Service.

Home Renovation Helper may, but is not obligated to, moderate or control any Content.

Warranties and Disclaimers

We provide the Service and Content on an “as is,” “with all faults,” and “as available” basis, without any warranty or condition of any kind.

Except as expressly provided by these Terms, we disclaim all representations, warranties, and conditions regarding the Service, its features, and Content to the fullest extent permitted by law. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party intellectual property rights or other rights.

We do not guarantee that the Service will be uninterrupted, secure, or free of errors, or that any defects will be corrected.

We make no promises or guarantees to Homeowners or Contractors concerning the services offered, rendered, or accepted through the Service. We do not participate in disputes between Homeowners and Contractors, and you release us from any responsibility or liability related to any disputes you may have with another party with whom you interact in connection with the Service.

Limitation of Liability

Home Renovation Helper is not responsible for any inaccuracies or omissions in the Content.

You are solely responsible for ensuring that your actions within the Service are legal and comply with applicable laws, regulations, and contracts.

Contractors are fully responsible for the actions of their employees, contractors, and consultants, including any damage, criminal activity, or other wrongful acts against Homeowners and their property during the provision of services.

In no event shall Home Renovation Helper, its subsidiaries, directors, partners, employees, contractors, or agents (collectively, “Home Renovation Helper Parties”) be liable for any direct or indirect, incidental, special, exemplary, punitive, or consequential damages related to any use or inability to use the Service. This includes, without limitation, any damages caused by the use of any Content or resulting from mistakes, omissions, interruptions, defects, viruses, even if Home Renovation Helper has been advised of the possibility of such damages.

The above limitations of liability do not apply where prohibited by law.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable, or if we are otherwise found to be liable to you in any manner, our aggregate liability for all claims shall not exceed the total amount of payments made by you to Home Renovation Helper within one year preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Home Renovation Helper Parties from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from:

• Any breach by you of these Terms;
• Your use or misuse of the Service and/or Content;
• Violation by you of applicable laws, third-party intellectual property rights, or other rights, agreements, or terms with third parties;
• Claims and complaints from Contractors or Homeowners regarding services rendered or not rendered, wrongful acts of their employees and contractors, or other parties, or intentional and unintentional actions causing harm.

We reserve the right to handle our legal defense as we deem appropriate, even in instances where you are indemnifying us. Therefore, you agree to cooperate with us in executing our legal strategy.

Arbitration and Class Action Waiver

Please carefully read this section as it affects your legal rights, including your right to file a lawsuit in court.

You and Home Renovation Helper agree that these Terms impact interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions herein.

This section is intended to be broadly interpreted. It covers all disputes between you and Home Renovation Helper, including but not limited to claims arising from any aspect of the relationship between you and Home Renovation Helper. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, claims that arose before this Agreement or any prior agreement (including claims related to advertising), and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad provision are the litigation of certain intellectual property and small claims court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Home Renovation Helper as follows:

Initial Dispute Resolution: Many disputes can be resolved without resorting to litigation. You can contact Home Renovation Helper’s support department at [EMAIL]. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Home Renovation Helper support department. Good faith negotiations will be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within thirty (30) days from the initiation of informal dispute resolution under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising from or relating to these Terms or previous versions of these Terms, the parties’ relationship with each other, and/or your use of the Service will be finally settled by binding arbitration, as described below.

The parties agree that any dispute shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitrator’s award may be entered in any court having jurisdiction. Claims shall be heard by a single arbitrator, with the place of arbitration being the city of Los Angeles, California, and the arbitration governed by the laws of the State of California. Each party shall bear its own costs and expenses, including an equal share of the arbitrator’s and administrative fees. The arbitrator’s award shall include a reasoned opinion. Except as required by law, neither party nor the arbitrator may disclose the arbitration’s existence, content, or results without the prior written consent of both parties.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve disputes arising from the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Notice. The arbitrator will be empowered to grant relief available in a court under law or equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties acknowledge that, without this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They understand that arbitration costs may exceed litigation costs and that discovery rights may be more limited in arbitration than in court.

You and Home Renovation Helper agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California, to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator’s award.

Class Action Waiver: The parties agree that arbitration will be conducted in their individual capacities only and not as a class action or other representative action. The parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND HOME RENOVATION HELPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver in this paragraph is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety, and the parties will not be bound to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims:

Despite the decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect intellectual property rights (which include patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of your decision to opt-out to [EMAIL] from the email address you use on Home Renovation Helper. The subject line should read “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send this notice within 30 days of the later of the effective date of these Terms or your first use of the Service. Otherwise, you will be bound to arbitrate disputes according to the terms of those paragraphs. If you opt out of these arbitration provisions, Home Renovation Helper will also not be bound by them.

Changes to This Section: Home Renovation Helper will provide 30 days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective 30 days after they are posted on the Service or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.

Survival: This Arbitration and Class Action Waiver section will survive any termination of your Account or the Platform.

Electronic Communications

We use email to maintain communication with our users. By utilizing the Service and providing us with your contact information, you acknowledge and agree that we may send you electronic communications via email concerning, but not limited to:

• Your utilization of the Service; and
• Updates to the Service and these Terms.

You have the option to unsubscribe from receiving promotional emails from us by following the provided instructions in such communications. For further details on the rules of personal data processing, please refer to our Privacy Notice.

Third-Party Websites and Services

Certain functionalities of the Service rely on third-party services beyond our control, thus we cannot ensure the uninterrupted operation of all features. Some aspects of the Service are compatible with third-party websites and services. We cannot guarantee the perpetual availability and uninterrupted access to all features. You acknowledge that distinct terms of service and privacy policies may govern your utilization of such third-party websites, services, and content. Home Renovation Helper will not be held liable for any losses, damages, or liabilities incurred due to your interaction with those third-party websites and services.

Additional Terms

We reserve the right to transfer our rights and obligations under these Terms to a third party, without affecting your rights or our obligations under these Terms.

We retain the right, at our sole discretion, to modify these Terms by uploading a revised version on the Service. In the event of material changes affecting your use of the Service, we will endeavor to notify you before the changes take effect by sending an email or taking other appropriate steps. By continuing to use the Service after the effective date of the revised version of these Terms, you agree to the updated terms.

If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions will remain fully valid and enforceable. These Terms are governed by the laws of the State of California, and the federal laws of the USA that apply therein.

Privacy Policy

By using our Services, you consent to our Privacy Policy, accessible here: [Privacy Policy URL].

Inquiries and Contact Information

If you have any questions or comments regarding these Terms or the Service, please contact us using the following details:

Email: [EMAIL]

Address: 12907 Palms Blvd, Los Angeles CA 90066

Date Last Updated: May 1, 2024