Service Provider's User Agreement

Version 1.0 (Current)
Effective July 11, 2017


Service Provider's User Agreement
Last Modified July 11, 2017

My Home Circle, Inc. allows consumers who subscribe to be a member of My Home Circle (collectively, the “Members”) to provide reviews and ratings on a variety of service providers (collectively, a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “SP”), You are permitted to use the website (www.myhomecircle.com) (the “Website”), the mobile app “My Home Circle” ( the “App”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by My Home Circle from time to time at My Home Circle sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with My Home Circle beyond Your use of the Website or App, as described herein.

In consideration of My Home Circle granting the Service Provider access to its Website or App and the information contained therein, and in order to use the Website or App, It is the Service Provider’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE SERVICE PROVIDER ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

Terms and Conditions

Members may submit a review or report and other information (collectively, “Member Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Service Provider disputes any Member Content, the Service Provider’s sole course of action with respect to such Member Content as it relates to My Home Circle and the Website is to utilize the Services (as defined below) which are available online at the Website or App. By agreeing to the Terms and Conditions of this Agreement, My Home Circle grants the Service Provider a limited license to access and use the Website or the App and the Services. Notwithstanding the foregoing, the Service Provider acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Member Content or any Member profiles) or Services for any commercial or other purpose, without the express written consent of My Home Circle.

My Home Circle does not endorse and is not responsible or liable for any Member Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, My Home Circle. The statements, information and ratings contained in any Member Content are solely the opinion of the Member submitting such Member Content and do not reflect the opinion of My Home Circle or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.

The Service Provider acknowledges and understands that My Home Circle simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Member Content and SP Content. My Home Circle does not have any duty or obligation to investigate the accuracy of Member Content or the quality of the work performed by the Service Provider or any other Service Provider, which is the subject of any Member Content. By using the Services, the Service Provider agrees that it is solely the Service Provider’s responsibility to evaluate the Service Provider’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Service Provider submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).

Under no circumstances will My Home Circle be liable in any way for any Member Content or SP Content including, but not limited to, any Member Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Member Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.

The Service Provider hereby waives any claims, rights or actions that it may have against My Home Circle or any of its affiliates or subsidiaries with respect to any Member Content or SP Content and releases My Home Circle and each of its affiliates and subsidiaries from any and all liability for or relating to Member Content or SP Content. The Service Provider agrees to indemnify and hold My Home Circle and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against My Home Circle with respect to any statements made by a Member or Member Content submitted by a Member which is communicated, posted or published by My Home Circle on its Website or to a third party.

SP Content shall not contain any unauthorized content, which includes but is not limited to:

  1. 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.)
  2. Comments that do not address the Member Content or comments with no qualitative value as determined by My Home Circle in its sole discretion;
  3. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
  4. Language that violates the standards of good taste or the standards of the Website or App, as determined by My Home Circle in its sole discretion;
  5. Content determined by My Home Circle, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
  6. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

The Service Provider acknowledges and agrees that My Home Circle in its sole discretion may remove without notice any SP Content or any portion thereof that My Home Circle believes violates the foregoing.

My Home Circle may suspend, restrict or terminate the Service Provider’s use of the Services or any portion thereof if the Service Provider breaches or fails to comply with any of the Terms and Conditions of this Agreement.

The Service Provider automatically grants My Home Circle all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to My Home Circle use of SP Content. My Home Circle is under no obligation to post or use any of SP Content or maintain SP Content. My Home Circle may remove SP Content at any time in My Home Circle sole discretion.

It is the Service Provider’s sole responsibility to review and monitor any Member Content regarding the Service Provider that is posted by Members and to submit responses it deems necessary to any Member Content. My Home Circle does not have any obligation to provide a notice or update to the Service Provider with respect to any new information or Member Content that it learns of or receives about the Service Provider from its Members. The Service Provider has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Service Provider’s description and profile information.

The Service Provider agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy My Home Circle, any Member Content, any Member profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of My Home Circle. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.

The Service Provider hereby represents and warrants to My Home Circle that (a) all information provided to My Home Circle by the Service Provider is true, complete and accurate in all respects, and (b) the Service Provider is authorized to submit information to My Home Circle. My Home Circle is authorized by the Service Provider to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Members. The Service Provider acknowledges that My Home Circle will use the telephone numbers, email addresses and facsimile numbers that are submitted to My Home Circle in connection with registering with My Home Circle to contact the Service Provider with information regarding My Home Circle. My Home Circle agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to My Home Circle, Service Provider agrees that My Home Circle may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Service Provider agrees that these calls or text messages may be regarding the products and/or services that Service Provider has previously purchased and products and/or services that My Home Circle may market to me. Service Provider acknowledges that this consent may be removed upon request. To the extent a third party posts or submits any SP Content or manages the Service Provider’s profile or information on the Website, the Service Provider hereby acknowledges and agrees that the Service Provider shall remain fully responsible for any SP Content or information posted or submitted by such third party.

The Service Provider agrees unless expressly authorized by My Home Circle not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Member Content, any Member profiles, any SP profiles, or any other content from the Website or My Home Circle, including, without limitation, any reviews or ratings or any other content contained in any Member Content.

My Home Circle is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “My Home Circle”, appearing on the Website or App and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, My Home Circle does not grant the Service Provider any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.

My Home Circle reserves the right to exercise any rights or remedies which may be available to it against the Service Provider if the Terms and Conditions of this Agreement are violated by the Service Provider. These remedies include, but are not limited to, revocation of (a) any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any My Home Circle’s publication, and Service Provider agrees that the exercise of one remedy shall not preclude the availability of any other remedy.

The Service Provider understands and agrees that, because damages resulting from Notwithstanding any other provision of this Agreement, the Service Provider reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

THE SERVICE PROVIDER EXPRESSLY UNDERSTANDS AND AGREES THAT MY HOME CIRCLE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MY HOME CIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE SERVICE PROVIDER MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY MEMBER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY MY HOME CIRCLE OR THE FAILURE OF MY HOME CIRCLE TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY MEMBER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE SERVICE PROVIDER HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Service Provider. TO THE EXTENT MY HOME CIRCLE IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, MY HOME CIRCLE’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

This Agreement and the relationship between the Service Provider and My Home Circle will be governed by the internal laws of the State of Delaware, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Service Provider may be located or any other jurisdiction. The Service Provider agrees and consents to the exclusive jurisdiction of the state or federal courts located in Delaware and waives any defense of lack of personal jurisdiction or improper venue or forum non-convenience to a claim brought in such court, except that My Home Circle may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Service Provider occurred or where the Service Provider can be found. The Service Provider agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

The Service Provider agrees to indemnify and hold My Home Circle and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Service Provider’s use of My Home Circle.

My Home Circle may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. My Home Circle will make note of the date of the last update to the Agreement on the first page of this Agreement. The Service Provider is responsible for reviewing these terms and conditions regularly. The Service Provider’s continued use of the Services after such modifications will be deemed to be the Service Provider’s conclusive acceptance of all modifications to this Agreement.

The Service Provider agrees that My Home Circle shall be entitled to payment from the Service Provider for any and all out-of-pocket costs, including, without limitation, attorneys’ fees, incurred by My Home Circle in connection with enforcing these Terms and Conditions and this Agreement or otherwise.

This Agreement may not be re-sold or assigned by the Service Provider. If the Service Provider assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of My Home Circle’s rights if My Home Circle fails to enforce any of the terms or conditions of this Agreement against the Service Provider. In the event a court finds a provision in this Agreement to not be valid, the Service Provider and My Home Circle agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Service Provider and My Home Circle as a result of this Agreement or use of the Services.

The person agreeing to this Agreement and the Terms and Conditions on behalf of the Service Provider hereby represents and warrants that he/she has the power and authority to bind the Service Provider and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Service Provider.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.