Terms & Conditions
Notice of Arbitration Agreement:
These Terms & Conditions contain an Arbitration Agreement that may impact Your rights to use the courts to resolve disputes. Please carefully review the terms of the Arbitration Agreement below. If You do not wish to be bound by the Arbitration Agreement, do not use the Service as defined herein.
Notice of Class Action/Class Arbitration Waiver:
These Terms & Conditions include a waiver of Your right to proceed with class actions or class arbitrations. Please carefully review the Arbitration section for details. If You do not wish to waive rights to class-based relief, do not use the Service.
The following Terms & Conditions (the “Terms“) govern your use of the site (the ”Site“). The Site is made available by Home Upgrade Professionals (the ”Site Proprietor“ or ”we"). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms, you may not access or otherwise use the Site and should cease your use of the Site immediately. We may change the Terms from time to time, and at any time without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.
You may only use the Site if you are domiciled in the United States and you are 18 years old or older
Services Available on the Site
Via the Site, we provide a service by which consumers can apply to receive professional home improvement or solar installation programs from our network of installers, brokers and other service providers (the “Services”). We seek to provide valuable information that individuals can use to make their own decisions about interior or exterior home improvement installation programs. Once you provide us with the information needed to complete an on-line application, we will attempt to match you with appropriate home improvement installers, brokers, discount programs or other companies.
We do not endorse or recommend any companies or products, and we do not provide insurance, tax or financial advice. We do not guarantee that any of the companies to whom we forward your application will contact you or agree to provide you products or services. We are not responsible in any way for the conduct of the representatives and companies that are matched with your on-line application. If you would like personal advice or specific product or service recommendations, you should consult with a qualified professional.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Services or Site or restrict your access to part of or the entire Site without notice or penalty.
There is no charge to you for use of the Site.
How We Make Money
Home Upgrade Professionals and is an independent, advertising-supported website publisher that helps connect individuals with home improvement installers and other affiliates to give consumers an opportunity to get information about home repair or improvement and connect with installer agents. This Website may earn revenue for leads, clicks, calls and applications generated, and may be compensated by its advertisers for sponsored products and services. This compensation may impact how, where and in what order products appear. This Website does not include all companies or all available products.
Proprietary Rights
As between you and the Site Proprietor, the Site Proprietor owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Any commercial use or exploitation of the Site is strictly prohibited. You may view the content on the Site on your personal computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos without our separate express written agreement. Third party marks are the property of their respective owners.
User Submission
In the course of your use of the Site, you may be asked to provide, or you may provide on your own inclination, information or materials to us (such information and/or materials referred to hereinafter as “User Submissions”). User Submissions include, for example, information you submit to us via your application to receive quotations (“Application Data”). User Submissions also include information and materials you submit to us via other on-line forms on the Site, by e-mail, or in any other manner via the Site. Our information collection and use policies with respect to the privacy of personal information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before submitting any User Submissions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Submissions. We cannot be responsible for maintaining any User Submissions that you provide to us, and we may delete or destroy any such User Submissions at any time. We reserve the right to refuse to post or to remove any User Submissions, in whole or in part, that, in our sole discretion, are unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms.
Session Data
While you use the Site, we may record your interaction with the Site using third party recording technology such as ActiveProspect’s TrustedForm and Jornaya’s TCPA Guardian. Additionally, we may use third parties to monitor and log your interactions with our websites for the purpose of analytics and optimization. The third parties used for this purpose may include:
- Jornaya
- Active Prospect
- Meta
- Bing
You agree these third parties may record your use of the Site. Our information collection and use policies with respect to the privacy of personal information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before continuing to use the Site.
User Conduct
User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; (c) engage in spamming, flooding,
harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree to defend, indemnify and hold the Site Proprietor and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your misuse of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms.
Agreement to Arbitrate
You and we each agree that any and all disputes or claims that relate to or arise from your use of or access to our Services, or any products or services sold, offered, or purchased through our Services, including any contact from our subsidiaries, affiliates, or agents including, but not limited to, the Site Proprietor, shall be resolved exclusively through final and binding arbitration between us and you, or between our subsidiaries, affiliates, or agents and you, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.
Arbitration Procedures
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of these Terms including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or these Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the termination of your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will arrange to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
Confidentiality
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
Severability
Except for any of the provisions in this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms will continue to apply.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
Links from and to the Site
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
Links to Third Party Web Sites
If you use any links provided in the Site to Web sites not owned or maintained by Home Upgrade Professionals ("Off-sites"), you will leave the Site. Home Upgrade Professionals is not responsible for any Off-site's privacy policies or terms of use. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any Off-Sites, and Home Upgrade Professionals takes no responsibility for such sites.
Mobile Terms & Conditions/Privacy Policy
How to Opt-in to the Program: Follow the prompts on our quote request form and click the submit button to receive standard rate SMS text messages from Home Upgrade Professionals.
About the Program
Home Upgrade Professionals Alerts is a standard rate subscription alerts program (10 msgs/mo) designed to inform clients about home improvement and solar products and services from Home Upgrade Professionals. Message and Data rates may apply. By opting into this program, you (the end user) are giving express consent for Home Upgrade Professionals to contact you regarding home improvement and solar offerings. Carriers are not liable for delayed or undelivered messages.
To Request Help
Reply HELP for help, or send an email to [email protected]
To Opt-Out
Text STOP to opt out.
Message Frequency
You will receive no more than 10 messages from us per month.
Privacy Policy
You can review our Privacy Policy here: /privacy-policy.
Supported Carriers
AlltelAWCC, AT&T, Boost, Cricket, Cellcom, Cellular South, Cincinnati Bell, T-Mobile/MetroPCS, Nextel, nTelos, Sprint, Verizon Wireless, Virgin Mobile, U.S. Cellular, ACS Wireless, Bluegrass Cellular, Centennial Wireless, ECIT – Cell One of East Central IL, EKN/Appalachian Wireless, GCI Communications, Illinois Valley Cellular, Immix Wireless/PC Management, Inland Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, Thumb Cellular, United Wireless, West Central Wireless
Applicable Laws.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous
The Terms and the relationship between you and us shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree that any use of action that may arise under the Terms shall be commenced and be heard in the appropriate court in the State of Utah. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Utah. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.