This Website, mobile application and JACK services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website, mobile application and JACK, or related service requests by any manner, constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any JACK services or properties such as websites or apps owned and operated by provider. If you have any questions regarding these Terms & Conditions, you may contact us at email@example.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on OCTOBER 30, 2016.
1. INTRODUCTION TO JACK
Upon registration, you may choose your own unique username and password for your profile on JACK to access the JACK services through the JACK website or apps.
2. JACK SERVICES
At JACK we are committed to making your total JACK experience a positive one. You can assemble and keep information for your various purposes, and locate information and physical locations thru searches and use. There are several ways you can find information about service and supply professionals from JACK.
No Guarantees or Endorsements: No guarantees or representations regarding the skills or representations of such service or supply professional or the quality of the job that he or she may perform for you if you elect to retain their services are provided. JACK does not endorse or recommend the services of any particular service or supply professional, or guarantee the accuracy or timeliness of information provided. It is entirely up to you to evaluate the information of a service or supply professional, their qualifications, and to enter into a direct contract or otherwise reach agreement with a service or supply 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 and supply professionals are not employees or agents of JACK, nor is JACK an agent of the service professionals.
- No Contracting via the JACK Website or Application. JACK 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 JACK does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by Service and Supply Professionals via the JACK website or apps, or which you find on the JACK website or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via JACK. No contractual arrangement is created based upon quotes or appointment schedule provided to you from Service or Supply Professionals via JACK. To contract with a Service or Supply Professional, you must work directly with the Service or Supply Professional. JACK 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.
- Release from Damages or Claims. Should you have a dispute with any service or supply professional, you must address such dispute with the service or supply professional directly. YOU HEREBY AGREE TO RELEASE JACK (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 SERVICE AND SUPPLY PROFESSIONALS.
3. YOUR USE OF THE JACK SERVICES AND PROHIBITED USES
- License. You are granted a non-exclusive, limited, non-transferable license, without a right of sublicense, to use the JACK website and application services and software (collectively the “JACK System”), subject to the restrictions, limitations, terms, and conditions articulated in this Agreement. This license and Agreement apply to all updates, supplements, apps, add-on components, software components, or Internet-based services components of the JACK System that may be provided to you or made available to you.
- Limitations. By your acceptance of this License, you may: (a) access the JACK website on one or more computers or Internet-ready devices through the Internet; (b) install the JACK application onto your computer and mobile devices; (c) enter user content into the JACK System; (d) manage and search your user content stored through the JACK System; and (e) use the JACK System to access, download, and/or otherwise use your content.
- Intellectual Property. You agree that this Agreement grants you no ownership rights to the JACK System or to any of the intellectual property related thereto. You agree to take no act inconsistent with this acknowledgment. You further acknowledge that the JACK System may contain other intellectual property owned by third parties that may be the subject of various forms of intellectual property protection. You agree not to copy, distribute, display, or perform any such intellectual property derived from or imbedded in the JACK System, without prior consent from the intellectual property owner.
- Prohibited Acts. Engaging in or enabling any prohibited act is a violation of this Agreement. Prohibited acts include (a) making unauthorized copies of the JACK System or any part thereof; (b) using the JACK System without a license or beyond the scope of your license; (c) reverse engineering, decompiling, or disassembling the JACK System or any source code related thereto; (d) uploading or transmitting any material through the JACK System that contains any virus, mal-ware, spy-ware, worm, Trojan, loggers, recorders, adware, bugs, or any other software object or code intended to cause harm to a computer or network system; (e) uploading or transmitting any material through the JACK System that contains any offensive, prurient, harmful, defamatory, or objectionable content as determined by JACK; (f) merging the JACK System into other programs; (g) modifying or adapting the JACK System; (h) using the JACK System to undertake any action that violates either the law of your jurisdiction and/or the laws of the United States of America; (i) uploading, storing, or transmitting any material that violates the rights of another, to include material that violates the patent, copyright, trademark, trade dress, trade secret, or other intellectual property rights of another party; (j) transmitting solicitations or advertising materials, to include spam or chain email; (k) providing false or misleading information about yourself or any organization with which you may or may not be affiliated; (l) engaging in public defamation or disparagement of the JACK System; (m) undertaking any commercial action with the JACK System, to include offering sales, rentals, or leases, or engaging in advertising; (n) harassing JACK service and supply professionals; and (o) undertaking any action that is not expressly authorized in this Agreement. Violation of this paragraph shall result in the immediate, permanent termination of your account
4. INFORMATION YOU PROVIDE TO US
Upon using JACK, you will be prompted to disclose certain information about yourself, and you will be able to store information, such as home services, home and property information and other records, on our website or apps. By providing this information to us, you are requesting, and you expressly consent to being contacted by us and by our service and supply professionals and 3rd party
providers via phone, fax, email, mail 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 or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service and supply 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 JACK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JACK has the right to refuse any current or future use of the JACK services (or any portion thereof) by you. You are responsible for any use of the JACK services by persons to whom you intentionally or negligently allow access to your password.
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 JACK AND ITS SERVICE AND SUPPLY 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, 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 JACK FOR 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 (TO INCLUDE ATTORNEYS’ FEES), COSTS AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
5. DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed service or supply professional, and while we have no obligation to you with regard to your relationship with a service or supply professional, the JACK resolution process is to try and assist you in resolving any disputes that may arise in the course of a home improvement, repair, maintenance or any other project with a service or supply professional who you learned about through the JACK website. We may, upon your request, provide limited assistance in resolving disputes between you and a service or supply professional. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
6. CALL RECORDING
You acknowledge and agree that JACK may monitor and/or record any telephone calls between you and JACK as occurs. To contact JACK, email firstname.lastname@example.org
7. USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on JACK, including but not limited to:
- Ratings & Reviews,
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of JACK, 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.
- Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide outside of your personal account 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.
- Grant of License. You hereby grant JACK 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 JACK website 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.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to JACK, you represent and warrant to JACK that you own or have all necessary rights to use the Content, and grant to JACK 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 or any other intellectual property right, you represent that you have obtained any necessary permissions or releases from the applicable intellectual property owner.
- Content Guidelines. JACK 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 JACK owned or operated websites or apps if JACK determines (in its sole discretion) that such content contains or features any of the following:
- 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.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage JACK.
- With respect to Ratings and Reviews of service and supply professionals, all of the above and in addition the following:
- 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").
- Comments concerning a different Service or Supply Professional.
- Information not related to work performed by provider.
- 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.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items, blogs, and FAQs) from the JACK server ("Server") is granted, provided that (1) the following copyright notice appears in all copies: © [insert year document created here]1 The Homesmith Network LLC. All rights reserved. Document reprinted with permission., (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 non-commercial distribution in the classroom. Distribution outside the classroom requires express written permission of JACK. Use for any other purpose is expressly prohibited by law, and may result in severe legal penalties. JACK will pursue violators to the maximum liability possible. Documents specified above do not include the design or layout of the JACK or apps or any other JACK owned, operated, licensed or controlled site.
JACK 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. JACK 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 JACK WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
1 The year the document was created should be included in the copyright notice. By way of a non-limiting example, if the document was created in 2009, the notice would read “© 2009 The Homesmith Network LLC. All rights reserved. Document reprinted with permission.”
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JACK 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.
PROVIDER AND SUPPLIER LISTING
JACK allows Service and Supply Professionals to post profiles about themselves and their business on the JACK website or apps. JACK does not review or verify the information or representations set forth in those profiles, as they are provided by the Service or Supply Professional. JACK THEREFORE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION POSTED BY A SERVICE OR SUPPLY PROFESSIONAL, AND ASSUMES NO LIABILITY FOR SUCH INFORMATION.
JACK does not represent or warrant that any information provided to you, as a Member of JACK, received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date. 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: JACK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO ANY WORK, SERVICE OR SUPPLY PROVIDED BY ANY PROFESSIONAL SERVICE OR SUPPLY PROVIDER LISTED.
10. RATINGS & REVIEWS ARE NOT ENDORSED BY JACK.COM
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 JACK. JACK disclaims any and all representations or warranties with regard to the Ratings and Reviews. JACK 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.
11. “ASK JACK”, FAQ, ARTICLES, PHOTOS, VIDEOS, BLOGS AND OTHER CONTENT
JACK may provide certain content relating to home improvement, repair, maintenance, real estate, financing, etc. on the JACK website or apps, and via mobile applications owned and operated by JACK. Such Articles are provided 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. Information received from ASK JACK, or any other feature, photo, video, FAQ, provider, supplier, etc. are for informational purposes only and are not directions for implementing any improvement, repair, adjustment, or other action.
12. LINKS TO THIRD PARTY SITES
The links in the JACK or apps may let you leave JACK's Web site. The linked sites are not under the control of JACK and JACK 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. JACK is not responsible for webcasting or any other form of transmission received from any linked site. JACK is providing these links to you only as a convenience, for your reference purpose only, and the inclusion of any link does not imply endorsement by JACK of the site. You acknowledge that JACK is not
responsible for, does not endorse, and is not liable for any materials available from third party websites, or any damage or loss related thereto.
13. INDEMNIFICATION, REMEDIES, & LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY JACK, 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 JACK SERVICES, IN CONNECTION WITH THE JACK 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.
IN THE EVENT YOU VIOLATE THIS AGREEMENT, JACK RESERVES THE RIGHT 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.
JACK IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF YOUR USE OF THE JACK SYSTEM. TO THE EXTENT ALLOWED BY LAW, JACK IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, OR OTHER PECUNIARY LOSS. YOU ACKNOWLEDGE AND AGREE THAT THE JACK SERVICES ARE PROVIDED TO YOU WITHOUT ANY WARRANTY WHATSOEVER, AND YOUR SOLE AND EXCLUSIVE REMEDY, AND JACK'S SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE JACK SERVICES OR THE JACK OR APPS, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE JACK SERVICES OR THE JACK OR APPS AT ANY TIME. THE LIMITATIONS SET FORTH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JACK. YOU AGREE AND UNDERSTAND THAT JACK WOULD NOT PROVIDE THE JACK SYSTEM WITHOUT SUCH LIMITATIONS. 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.
PUBLIC INTERNET STATIONS AND INTERNET PROTOCOL ADDRESSES, AS WELL AS BROADBAND WIRELESS INTERNET ACCESS, ARE ACCOMPANIED BY SPECIAL RISKS. EVEN WITH ENCRYPTION TECHNOLOGY, YOUR COMPUTER AND WEB-BASED TRANSMISSIONS MAY STILL BE SUBJECT TO ATTACKS FROM MALICIOUS USERS. BY ELECTING TO USE A PUBLIC INTERNET STATION, A PUBLIC INTERNET PROTOCOL ADDRESS, OR WIRELESS INTERNET SERVICES, YOU ASSUME ALL RISK ASSOCIATED THEREWITH. YOU AGREE TO HOLD JACK HARMLESS FOR ANY HARM YOU SUFFER DUE TO ANOTHER PARTY MONITORING YOUR COMMUNICATIONS OR TRANSMISSIONS.
JACK HAS TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE SYSTEM FOR YOUR USE OF THE JACK SYSTEM. SUCH REASONABLE STEPS INCLUDE BUT ARE NOT LIMITED TO LIMITATIONS IMPOSED VIA NETWORK, SYSTEM, AND COMPUTER INFRASTRUCTURE. YOU ACKNOWLEDGE THAT JACK HAS TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE SYSTEM AND THAT JACK DOES NOT GUARANTEE THAT COMMUNICATIONS OR TRANSMISSIONS VIA THE JACK SYSTEM OR INFORMATION STORED WITHIN THE JACK SYSTEM SHALL BE SECURE FROM MONITORING OR TAMPERING. YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF PRIVACY, CONFIDENTIAL INFORMATION, AND PROPERTY, AND YOU AGREE TO ASSUME ALL RISK RELATED THERETO.
14. GENERAL PROVISIONS
The Terms and Conditions will inure to the benefit of JACK'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 JACK to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
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 the State of Ohio as such laws are applied to agreements entered into and to be performed entirely in the State of Ohio and between Ohio residents. You agree to submit to jurisdiction in Ohio and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Ohio.
15. Ask JACK Disclaimer
Any and all answers to member’s questions, inquiries, etc. are provided based upon common knowledge and only for the informational benefit of the member. Information provided is not intended to be instructional for the performance of any work by non-experienced or inappropriately licensed craft/trade/design professionals. Any project undertaken should be performed by a licensed and insured professional in accordance with any and all local, state and federal regulations, building codes and safety requirements according to the Authority Having Jurisdiction. Any contractor, supplier or design professional should be appropriately researched to assure that they are qualified, licensed and insured to perform the work. JACK and The Homesmith Network, LLC shall not be held responsible for the use and/or misuse of any information provided.
JACK® is a registered trademark of The Homesmith Network, LLC.