Terms of service
A. INTRODUCTION.
This website, www.FindAPro.com (hereinafter referred to as the “Website”), is operated by FindAPro, Inc. (“FindAPro”), and its use is conditioned on your acceptance of the following terms and conditions (the "Terms "). Your use of the Website further constitutes your agreement to all of the Terms below and those instituted or incorporated in accordance therewith. If you have any questions regarding the Terms, you may contact FindAPro via the information contained below. FindAPro may amend the Terms at any time, whereby changes or amendments will be posted within the Terms for public view and be considered effective and binding upon such posting.B. FIND-A-PRO PROFESSIONAL CERTIFICATION.
1. FindAPro takes steps to certify the service professionals listed on the Website (the “Professionals”), however FindAPro makes no guarantees or representations regarding the skills of the Professionals or the quality of the job that they may perform if you elect to use their services. Moreover, FindAPro does not endorse or recommend the services of any particular Professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Professional, and FindAPro does not guarantee or warrant their performance on the job or quality of the services performed. The Professionals are not employees or agents of FindAPro, nor is FindAPro an agent of the Professionals. FindAPro does not perform, and is not responsible for, any of the services performed by the Professionals. Any contract or relationship you may enter into with a Professional is governed by the terms of such contract or by any applicable federal, state or local laws. Should you have a dispute with any Professional, you must address such dispute directly with the Professional.
2. YOU HEREBY AGREE TO RELEASE FIND-A-PRO (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) 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 THE PROFESSIONALS.
3. FindAPro.com uses the following criteria as part of its certification process ("Certification"):
a. Licensing - FindAPro confirms at the time of a Professional’s Certification, that a prospective Professional has certain applicable required trade licensing. We recommend you confirm these licensing requirements with the business and the applicable licensing authorities before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work. We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. We always recommend that you ask the business to provide you with a copy of their license.
b. Insurance/Bonding - Where relevant, FindAPro shall attempt to confirm the general liability insurance coverage or bonding information provided by the Professionals. FindAPro confirms such coverage through the Professional's insurance agent. FindAPro does not confirm general liability coverage for certain categories of Professionals where such coverage is deemed not relevant, including but not limited to: Inspectors; Appraisers; Architects; Engineers; Consultants; Home Maintenance Services; Designers; Pre-Manufactured Cabinet Makers; Organizers; Permit Services; Disability Planners; Alarm System Monitors; Toxic Materials; Toxic Material Testing.
c. State Business Filings - For Professionals operating business types that require a filing with the applicable Secretary of State, FindAPro confirms that the Professional is in good standing in the state in which it is located.
d. Sex Offender Search - In the state in which the owner and/or principal of the company is located, we check the state's official Sex Offender database to confirm that there is not a match based solely on the name of the owner and/or principal of the company. FindAPro does not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. FindAPro recommends that you check the applicable state sex offender website for any individual that will be performing work in your home.
4. The above procedures may change from time to time at the sole discretion of FindAPro.
5. Any information related to a Professional confirmed by FindAPro at the time the information is received may change or expire over time. While FindAPro attempts to maintain accurate and up-to-date information, and confirms changes when notified, FindAPro verifies information solely at the time the Professional applies for FindAPro Certification, and therefore, FindAPro cannot guarantee that information will remain accurate. Therefore, FindAPro recommends that before working with a Professional you verify that information on the Website related to a Professional is still current and acceptable to you. As circumstances can change daily, FindAPro advises consumers to check these matters for themselves especially at future dates. FindAPro 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 FindAPro 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.
6. FIND-A-PRO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE CERTIFICATION PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE CERTIFICATION 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 THE CERTIFICATION PROCESS IS ACCURATE, TIMELY OR ERROR FREE.
C. USE OF THE FIND-A-PRO SERVICES.
1. You acknowledge and agree that your use of the FindAPro services is for your personal use and not for any advertising or other commercial purposes.
2. FindAPro reserves the right to revoke your access to the Website and services at any time for any reason. Furthermore, if it is determined or suspected by FindAPro in its sole discretion that you are misusing or attempting to misuse or circumvent the FindAPro services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, FindAPro 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.
D. REVIEWS ON THE FIND-A-PRO WEBSITE.
1. Upon submitting a review of a Professional on the Website (the “Review”), you acknowledge and agree that:
a. Your Review will be based upon your actual first-hand experiences with the Professional you are reviewing
b. Your Review will be accurate, truthful and complete in all respects;
c. You do not work for or have any interest in any Professional for which you submit a Review;
d. You do not work for or have any interest in any competitor of the Professional for which you submit a Review;
e. You are not in any way related to any Professional for which you submit a Review; and
f. Your Review will be made available to the Professional whom you provide a Review.
2. FindAPro reserves the right, but not the obligation, to refuse to post or to remove any Review if FindAPro, in its sole discretion, determines that the Review 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 racist and/or discriminatory speech.
b. References to illegal activity.
c. Reviews that do not address the goods and services of the Professional or Reviews with no qualitative value.
d. Language that violates the standards of good taste or the standards of the Website.
e. Statements that are or appear to be false.
f. Comments that disparage FindAPro.
3. You acknowledge and agree that the Reviews are in no way endorsed by FindAPro. All Reviews reflect the opinions of other Website users, and do not reflect or represent the opinions or representations of FindAPro, its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. FindAPro disclaims any and all representations or warranties with regard to the Reviews. FindAPro does not assume 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.
E. FIND-A-PRO WEBSITE INFORMATION AND CONTENT.
1. By posting or distributing Reviews and other related content to the Website (collectively, the “Content”), you hereby:
a. Grant FindAPro and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised;
b. Grant FindAPro and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and
c. Represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute or you otherwise have the lawful right to post and distribute such Content to or through the Website; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
2. You further grant FindAPro the right to pursue at law any person or entity that violates your or FindAPro’s rights in the Content by a breach of these Terms.
3. Content submitted by users of the Website will be considered non-confidential and FindAPro is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, FindAPro reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. FindAPro is under no obligation to offer you any payment for Content that you submit. Additionally, FindAPro is further under no obligation to offer you the opportunity to edit, delete or otherwise modify Content once it has been submitted to FindAPro. FindAPro shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
4. All of the content and information on the Website is the sole and exclusive property of FindAPro, including but not limited to the Professional information and the Reviews, as well as any Reviews or Content you post. You acknowledge and agree that you have no right to reproduce, publish, or otherwise use such information other than for your personal use relating your evaluation of any Professionals. You further acknowledge and agree that a violation of the foregoing could result in substantial damages, and that you are liable to FindAPro for any such damages, and you will indemnify FindAPro in the event of any third party claims against FindAPro based on or arising from your violation of the foregoing.
5. TO KNOWINGLY INPUT FALSE INFORMATION IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES TO FIND-A-PRO, ITS PARTNERS, THE PROFESSIONALS AND TO OTHER USERS OF THE WEBSITE, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION, AND FURTHER COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION ON THE WEBSITE, YOU WILL BE RESPONSIBLE FOR ALL SUCH 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.
F. COPYRIGHT COMPLAINT POLICY.
1. FindAPro has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of FindAPro's designated agent to receive notification of claimed infringement ("Designated Agent") is provided below. It is FindAPro's policy to respond to notices of alleged copyright infringement that comply with the DMCA and to terminate the accounts of those determined to be "repeat infringers" in accordance with the below.
2. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Yelp to locate such Content;
c. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
d. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
e. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
3. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
a. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;
b. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
c. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Yelp is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
d. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
4. Please contact the Designated Agent at the following address:
FindAPro, Inc. Attn: Agent of Notice 6901 Jericho Turnpike, Suite 250 Syosset, NY 11791 Email: info@findapro.com Phone: 888.395.7767
5. We will review and address all notices that comply with the requirements above. Please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
6. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, FindAPro has adopted a policy of terminating, in appropriate circumstances and at FindAPro's sole discretion, subscribers or account holders who are deemed to be repeat infringers. FindAPro may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
G. LINKS TO THIRD PARTY SITES.
The links contained in the Website may direct you away from the Website to third party sites. Such third party sites are not under the control of FindAPro and FindAPro is not responsible for the content or functionality of any such third party sites. Furthermore, FindAPro does not endorse any such third party site.H. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY FIND-A-PRO, 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 FIND-A-PRO SERVICES OR IN CONNECTION WITH THE FIND-A-PRO WEB SITE OR YOUR VIOLATION OF THESE TERMS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.I. ADDITIONAL PROVISIONS.
1. You acknowledge and agree that the FindAPro services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and FindAPro's sole obligation to you or any third party for any claim arising out of your use of the FindAPro services or the Website, is that you are free to discontinue your use of the Website at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, FIND-A-PRO 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 FIND-A-PRO SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF FIND-A-PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE OF THE WEBSITE 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.
2. The Terms will inure to the benefit of FindAPro's successors, assigns and licensees.
3. If any provision of these Terms 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.
4. The failure of FindAPro to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
5. 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 FindAPro services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
6. The section titles in these Terms are for convenience only and have no legal or contractual effect.
7. These Terms are governed by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely in the State of New York and between New York residents. You agree to submit to jurisdiction in New York and that any claim arising under these Terms and Conditions will be brought solely in a court in Suffolk County, New York.
8. Contacting FindAPro.
a. If you have any questions, concerns, feedback, etc. about the Website and/or these Terms (aside from a Copyright Complaint as addressed above), please feel free to contact us via the following:
FindAPro, Inc. Attn: Webmaster 6901 Jericho Turnpike, Suite 250 Syosset, NY 11791 Email: info@findapro.com Phone: 888.395.7767 Last Updated: 02/28/09
