PAPA’S HEATING & AIR CONSUMER AGREEMENT
Table of Contents:
Thank you for your interest in PAPA’S HEATING & AIR, an Internet platform (“Website”) owned and operated by PAPA’S HEATING & AIR, a Nevada Company (“PAPA’S HEATING & AIR,” “we,” or “us”). PAPA’S HEATING & AIR provides consumers (collectively, “Consumers” and individually, “Consumer” or “you”) an online venue to solicit quotes for trades and services from service providers and professionals in various lines of work and commerce (collectively “Service Providers”). By submitting your information on the Website, you may become a Consumer at no cost and will have the ability to request quotes for services. References to Websites shall include, but is not limited to, any and all uses of RENOVATEDCEILINGS.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
ACKNOWLEDGEMENT AND ACCEPTANCE
This Website and PAPA’S HEATING & AIR’s services are offered to you for use only in the United States and are conditioned upon your acceptance without modification, of the following terms, conditions, and notices contained in this PAPAS HANDYMAN Consumer Agreement (“Agreement”). Please read this Agreement carefully. Regardless of whether you register with the Website, your use of the Website and any related services constitutes your agreement to all such terms, conditions, and notices. You agree and understand that certain features of the Website may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms, and you further agree that a violation of those terms while you are accessing the Website shall constitute a breach of this Agreement.
You acknowledge and agree that PAPA’S HEATING & AIR may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly at PAPA’S HEATING & AIR’s sole discretion. Your continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. PAPA’S HEATING & AIR does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms, conditions and notices of the Agreement.
USE AND AGE RESTRICTIONS
Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the PAPA’s HANDYMANS Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website.
SERVICE REQUESTS AND QUOTES (ESTIMATES)
With or without registration with PAPA’S HEATING & AIR, a Consumer may submit through the Website a request for quotes for service or work (“Service Request”) from Service Providers. Consumers must provide required information (e.g., what they want done, contact information such as phone number and email, zip code) to submit a valid Service Request. All Service Requests posted through the Website must be lawful and not in violation of any city ordinance, state, local or federal law. A submitted Service Request must be descriptive enough to allow a Service Provider to ascertain the necessary details to submit a fully informed offer to provide the requested services (“Quote”). After submission of a Service Request, PAPA’S HEATING & AIR will inform Service Providers or it’s Partners with profiles that match the services requested by Consumer. Nevertheless, PAPA’S HEATING & AIR does not and cannot guarantee that there will be Service Providers who are capable of or willing to complete the requested services at the time and place requested or that Consumer will receive Quotes from Service Provider(s).
A Quote can be submitted by a Service Provider in two forms: (1) a flat fee quote, or (2) an onsite estimate quote. A flat fee quote is used when a Service Request is specific enough to allow a Service Provider to provide an accurate quote, which can include both material and labor costs when and if applicable, for the job requested. An onsite estimate is used when a Service Provider is only able to provide an estimate for a job but will be able to provide a more accurate quote or a final quote upon completion of an onsite visit.
A Service Request includes a period of time in which Quotes may be submitted (“Quoting Period”) by Service Providers; however, a Consumer may accept a Quote at any time, thereby ending the Quoting Period before the fixed amount of time has passed. A Quote from a Service Provider may be canceled or retracted up until the point when the Consumer accepts the Quote and the Service Request becomes a “Won Job.”
When a Consumer accepts a Quote, he or she explicitly implies an offer to pay the Service Provider in the amount of the Quote for services rendered. Accepting a Quote amounts to entering a binding legal agreement to pay the Service Provider once the Service is rendered. Please consider carefully when you accept a Quote from a Service Provider.
When submitting a Service Request, ensure that the Service Request does not infringe upon the copyright, trademark or other rights of any third party. By posting a Service Request you represent that the Service Request is lawful and does not infringe on the intellectual property of any third party. Your description of the Service Request must be truthful and accurate. Any Service Request posted on the Website: (a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
In registering with PAPA’S HEATING & AIR, Service Providers represent that they are duly licensed (if applicable) and have the qualifications, experience and ability to properly perform their offered services. PAPA’S HEATING & AIR requires Service Providers to post a profile (“Skill Profile”) on the Website. PAPA’S HEATING & AIR does not review or verify the information or representations set forth in those Skill Profiles, as they are self-reported by the Service Providers. Whereas PAPA’S HEATING & AIR does not provide service to specific areas, PAPA’S HEATING & AIR will try to match consumers with it’s Partners Service Providers.
PAPA’S HEATING & AIR may verify the licensing information submitted by the Service Provider at the time of its registration. Different jurisdictions may require state and/or local level licensing for certain services, work, and/or project amounts. Consumers are responsible for determining which licenses, if any, are required for their requested services. Before you proceed with a project, you should confirm all licensing requirements with your state and local authorities and your selected Service Provider.
YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE SERVICE PROVIDER OR IN THE SERVICE PROVIDER’S PROFILE IS ACCURATE. PAPA’S HEATING & AIR DOES NOT VERIFY ALL INFORMATION OR DOCUMENTS PROVIDED BY SERVICE PROVIDERS AND EXPRESSLY DISCLAIMS ANY GUARANTEES OR WARRANTIES CONCERNING SUCH INFORMATION. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, WHETHER SERVICE PROVIDERS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE GENERAL LIABILITY INSURANCE OR BONDING. PAPA’S HEATING & AIR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER 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 CONSUMER 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.
NO WARRANTY OR ENDORSEMENT
PAPA’S HEATING & AIR does not endorse or recommend the services of any particular Service Provider. It is entirely up to the Consumer to enter into a direct contract or otherwise reach an agreement with a Service Provider. PAPA’S HEATING & AIR DOES NOT WARRANT THE SERVICE PROVIDER’S PERFORMANCE ON THE JOB OR THE OUTCOME OR QUALITY OF THE SERVICES PERFORMED. SERVICE PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF PAPA’S HEATING & AIR, NOR IS PAPA’S HEATING & AIR AN AGENT OF THE SERVICE PROVIDERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES OFFERED BY SERVICE PROVIDERS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
INTERACTIONS AND DISPUTES WITH SERVICE PROVIDERS
PAPA’S HEATING & AIR will not work to resolve any disputes between Consumers and Service Providers (collectively “Users”) and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH SERVICE PROVIDERS. YOU UNDERSTAND THAT PAPA’S HEATING & AIR DOES NOT ATTEMPT TO VERIFY ALL STATEMENTS OF SERVICE PROVIDERS. PAPA’S HEATING & AIR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY SERVICE PROVIDER OR THE SERVICE PROVIDER’S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT PAPA’S HEATING & AIR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROVIDERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDERS DIRECTLY.
IN EXCHANGE FOR THE PRIVILEGE OF ACCESSING THE WEBSITE, YOU EXPRESSLY AGREE TO RELEASE PAPA’S HEATING & AIR (AND ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND AGENTS) FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ONE OR MORE SERVICE PROVIDERS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
PAPA’S HEATING & AIR MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS WEBSITE FOR ANY PURPOSE. PAPA’S HEATING & AIR DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. PAPA’S HEATING & AIR CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PAPA’S HEATING & AIR SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. PAPA’S HEATING & AIR SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PAPA’S HEATING & AIR MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL PAPA’S HEATING & AIR, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, SERVICE PROVIDER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PAPA’S HEATING & AIR IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS. PAPA’S HEATING & AIR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, PAPA’S HEATING & AIR USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
MODIFICATIONS TO WEBSITE
PAPA’S HEATING & AIR reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that PAPA’S HEATING & AIR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Website, PAPA’S HEATING & AIR reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
JURISDICTION AND CHOICE OF LAW
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Superior Court of Nevada for the resolution of any such dispute.
You agree to indemnify, defend and hold PAPA’S HEATING & AIR, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demand or suit, including reasonable attorney’s fees, made by any Service Provider, User or third party due to, relating to or arising out of your use of the Website, conduct, contracts with Service Providers, payments to Service Providers, other interactions with Users and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
The following provisions shall survive termination of the Agreement: No Warranty or Endorsement, Interactions and Disputes with Service Providers, Release, No Warranties, Limitations of Liability, all provisions in the Content on Website section, Disclaimers, Jurisdiction and Choice of Law, and Indemnification.