1. INTRODUCTION TO ARCH HUB
Upon registration, you may choose your own password or Arch Hub will assign you a password to access the Services through our website or apps.
2. THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At Arch Hub, we are committed to making your total experience a positive one. There are several ways you can find service professionals through Arch Hub (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory a directory of Service Professional members along with their ratings and reviews.
- a. ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. 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.
- b. LiveDirectory - You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- c. Instant Connect. With Instant Connect, you can request that Arch Hub connect you with a Service Professional by phone immediately. If you request, Arch Hub will search for a Service Professional and connect you with them by phone.
- d. Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the Arch Hub website. Please be aware that we do not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of Arch Hub. We are solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- e. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. Arch Hub does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of Arch Hub, nor is Arch Hub an agent of the Service Professionals.
- f. No Contracting via the Arch Hub Website. We 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 Arch Hub does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the Arch Hub or apps, or which you find on the Arch Hub or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Arch Hub. 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 Arch Hub. To contract with a Service Professional, you must work directly with the Service Professional. Arch Hub 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. Arch Hub is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- g. Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy Arch Hub on the fee disputes). YOU HEREBY AGREE TO RELEASE Arch Hub AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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 SERVICE PROFESSIONALS.
2. YOUR USE OF THE ARCH HUB SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of Arch Hub is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use Arch Hub to recreate or compete with Arch Hub, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Arch Hub for any such damages, and will indemnify Arch Hub in the event of any claims against Arch Hub based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Arch Hub Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by Arch Hub in its sole discretion that you are misusing or attempting to misuse or circumvent the Arch Hub 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, scraping content, infiltrating, fraud, advertising, jamming or spamming, Arch Hub 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.
We may allow you to pay for goods or services provided by Service Professionals, through the Arch Hub website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Arch Hub, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Arch Hub to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Arch Hub or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Arch Hub website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Arch Hub and/or a Service Professional and thus agree to be contacted by Arch Hub and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 Arch Hub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Arch Hub has the right to refuse any current or future use of the Arch Hub Services (or any portion thereof) by you. You are responsible for any use of the Arch Hub Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Arch Hub at any time. You may opt-out of receiving all text (SMS) messages from Arch Hub (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that Arch Hub or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree Arch Hub use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by Arch Hub. During this process, Arch Hub and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Arch Hub 's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Arch Hub AND THE SERVICE PROFESSIONALS, 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, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HomeAdvisor AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF Arch Hub AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER 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.
5. PLATFORM MESSAGING
By submitting a service request, you agree that Arch Hub and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of Arch Hub. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from Arch Hub at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from Arch Hub and the Service Professionals, your use of Arch Hub Services may be impacted. Arch Hub and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Arch Hub 's messaging platform.
6. DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the Arch Hub resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the Arch Hub Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the Arch Hub resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that Arch Hub is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional.
7. CALL RECORDING
You acknowledge and agree that Arch Hub may monitor and/or record any telephone calls between you and Arch Hub.
8. USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on Arch Hub, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content (known collectively as "Content") is the sole and exclusive property of Arch Hub, 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.
- a. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- b. Grant of License. You hereby grant Arch Hub and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Arch Hub and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- c. Representation of Ownership and Right to Use Content. By posting or providing any Content to Arch Hub, you represent and warrant to Arch Hub that you own or have all necessary rights to use the Content, and grant to Arch Hub the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- d. Content Guidelines. Arch Hub reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Arch Hub owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- I. 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.)
- II. References to illegal activity.
- III. Language that violates the standards of good taste or the standards of this Site.
- IV. Statements that are or appear to be false.
- V. Comments that disparage Arch Hub.
- VI. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- 1. 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").
- 2. Comments concerning a different Service Professional.
- 3. Information not related to work requested in the service request.
- 4. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
9. SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, Arch Hub uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services inNigeria (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter:
- 1. Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified naira amounts. We recommend you confirm these 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. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing.
- 2. State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- 3. Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the Arch Hub network and every two years thereafter. Arch Hub 's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state.
- 4. Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do 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. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- 5. Identity Verification - Arch Hub verifies the identification number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- 6. Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the Arch Hub network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, IDENTIFICATIONNUMBER)
NOTE: ARCH HUB PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, ARCH HUB CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND 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, Arch Hub does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: Arch Hub allows Service Professionals to post profiles about themselves and their business on the Arch Hub or apps. Arch Hub 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. Arch Hub therefore makes no 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 Arch Hub. Arch Hub believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Arch Hub network. When it comes to screening, every system has its flaws. That is because no background system in Nigeria. is one hundred percent accurate. Arch Hub does not represent or warrant that the information received from state 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 Arch Hub 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: ARCH HUB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING.
While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates. These service professionals have NOT been screened by Arch Hub using the screening set forth in Section 10.
While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
11. FIXED PRICE SERVICES
- a. Arch Hub provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. ARCH HUB, THROUGH THE PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- b. Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, Arch Hub generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, Arch Hub cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- c. Special Promotions; Gift Cards and Vouchers.
- I. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- II. Promotional Credit. Promotional credit is only eligible for the specific services designated by Arch Hub. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. Arch Hub reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. Arch Hub promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the platform. Promotional credits may not be purchased for cash and Arch Hub does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your Arch Hub account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your Arch Hub account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- III. Referral Credits. In the event that you are given a code through which you may refer a friend to Arch Hub in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Arch Hub referral credits are redeemable only for Professional Services. Arch Hub referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at email@example.com
- IV. Vouchers. Arch Hub vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
12. RATINGS & REVIEWS ARE NOT ENDORSED BY ARCH HUB
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 Arch Hub. Arch Hub disclaims any and all representations or warranties with regard to the Ratings and Reviews. Arch Hub does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
13. ARTICLES AND OTHER CONTENT
Arch Hub provides certain content relating to home improvement, repair, maintenance ("Articles"), on the Arch Hub or apps, and via mobile applications owned and operated by Arch Hub. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
14. LINKS TO THIRD PARTY SITES
The links in the platform or apps will let you leave Arch Hub 's Web site. The linked sites are not under the control of Arch Hub and Arch Hub 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Arch Hub is not responsible for webcasting or any other form of transmission received from any linked site. Arch Hub is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Arch Hub of the site.
15. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
Arch Hub respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at firstname.lastname@example.org
16. 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 Arch Hub server ("Server") is granted, provided that
(1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
(2) use of such documents from the Web site 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 outside the classroom requires express written permission of Arch Hub r. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Arch Hub or apps or any other Arch Hub owned, operated, licensed or controlled site. Elements of the Arch Hub or apps are protected by 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 Arch Hub web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. Arch Hub AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR 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.
YOU AGREE TO INDEMNIFY ARCH HUB, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 HOMEADVISOR SERVICES IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- a. The exclusive means of resolving any dispute between you and Arch Hub or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the Chartered Institute of Arbitrators UK, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Arch Hub any class action, class arbitration, or other representative action or proceeding.
- *NOTICE OF RIGHTS*
- b. By using the Website and/or Arch Hub 's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Arch Hub may be commenced only in the federal or state courts located in nigeria. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- d. These Terms and Conditions, and any dispute between you and Arch Hub, shall be governed by the laws of Nigeria without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Arbitration and Conciliation Act.
19. GENERAL PROVISIONS
You acknowledge and agree that the Arch Hub Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Arch Hub 's sole obligation to you or any third party for any claim arising out of your use of the Arch Hub Services or the Arch Hub or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Arch Hub 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 HomeAdvisor SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Arch Hub HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF 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. The Terms and Conditions will inure to the benefit of Arch Hub 's successors, assigns and licensees. If any provision of these Terms and 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 Arch Hub to exercise or enforce any right or provision of the Terms and 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 Services or the Terms and 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 and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of Nigeria as such laws are applied to agreements entered into and to be performed entirely in Nigeria and between Nigerian residents. You agree to submit to jurisdiction in Nigeria and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Nigeria. These Terms and Conditions constitute the entire agreement between you and Arch Hub 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 an agreement signed by both parties