"Claimer/Claiming Company" signifies an organization that guarantees a Company Profile made on the VivaHomePros Site for that equivalent organization by a User or outsider; "Organization Profile" signifies an array of records, information documents, settings, photos, various media chronicles, surveys, evaluations, and depictions that contain certain data about a Company gave to VivaHomePros by Service Professionals, Users, as well as outsiders; "Content" signifies any content, picture, sound, video, or other type of information or data that you convey, transfer or transmit to, or regarding the Site, including yet not constrained to, evaluations, surveys, remarks, posts and any profile data that you choose for make open; "Part/Members/Membership" signifies the state or status of being an enlisted and settled up part on favorable terms of VivaHomePros paid administrations; "Administration Professional(s)" implies an organization or organizations that give Users home proficient administrations and could possibly be either Members or Claimers. "Client/Users" signifies an individual or corporate element that visits, connects, gets to, peruses, creeps, scratches or in any capacity utilizes the Site to get a profit or contribute substance, and who might be a paying Member, Service Professional, or Claimer.
With Respect to VivaHomePros Members and Claimers. VivaHomePros gets demands from its clients ("Users") for home improvement administrations. Thus, VivaHomePros may send you a correspondence about such User's communicated administration demand needs (a "Lead"). We may likewise send your contact data to the User. The data we give about you will be founded on the data in your Company Profile (which you may change every once in a while) and User appraisals and audits, and might be revised by VivaHomePros now and again. Leads may likewise be sent to other Service Professionals dependent on the area and class of the User demand; We limit the quantity of Service Professionals that are elevated to a User. We don't ensure that we will give you a particular number of Leads, nor do we make ensures, portrayals or guarantees in regards to a User's degree of intrigue, their craving to have work finished, their capacity to pay you, the precision of the data gave by the User, or that any User will recruit you to perform administrations, nor do we ensure that you will effectively contact every User. We are not associated with, nor do we have any obligation regarding your agreements with Users, their financial soundness, or any installments to you or any debates they may have with you or you may have with them. VivaHomePros is allowed to contract with other Service Professionals as this isn't a restrictive agreement; and We give Users the capacity to rate their experience(s) working with you through User evaluations and surveys. You will likewise be able to request and gather appraisals and audits from any of your Users, which could conceivably be shown on your Company Profile, at VivaHomePros' sole circumspection.
You consent to all the terms and states of this Agreement and speak to, for the benefit of you, your organization (counting any ancestor substances of your organization), representatives, and any people performing deal with your sake, at the time you become a Member or Claimer and from that point, while this Agreement stays as a result, as follows:
You are qualified and fit for playing out the administrations, exchange, or undertakings you chose on the VivaHomePros Registration Form and any ensuing revisions you make to your Company Profile;
You are, and consistently will be, appropriately and completely licensed*, reinforced, and guaranteed (at levels as per material industry guidelines) under every single pertinent law and exchange guidelines (and upon solicitation will create documentation to confirm this), and further, that you have not been turned down for protection inclusion identified with your arrangement of administrations. You will tell us quickly of any such changes to your permitting, holding, or safeguarded status;
In the event that you or your organization are working under a permit with uncommon limitations, you concur and speak to that you will consistently work inside the rules as indicated by such limitations;
You will agree to the Membership prerequisites in these Terms, as indicated every once in a while. In the event that these prerequisites are substantially revised, you will be prompted and furnished the chance to agree to any progressions inside a sensible time frame, as assigned by VivaHomePros; You concur that VivaHomePros holds the right, however not commitment, to screen the substance on the Site and to decide consistence with these Terms and some other working guidelines we set up; You concur that you are answerable for getting and keeping up all phone, PC equipment, and other hardware required for access to and utilization of the Site as well as Services and all charges related thereto. We will not be at risk for any harm to your or any User's, Member's, Claimer's, or Service Professional's hardware, or for any information charges coming about because of utilization of the Site;
You therefore speak to that you, any antecedent elements of your organization, some other greater part investors, accomplices or individuals, and your organization, are liberated from any (I) liquidations, or common legitimate decisions inside the most recent 3 years, and (ii) any criminal feelings, OR you have furnished VivaHomePros with an exact and honest composed articulation itemizing any special cases. On the off chance that whenever while you are a VivaHomePros Member or Claimer you, any ancestor elements of your organization, some other larger part investors, accomplices or individuals, or your organization, should petition for financial protection or be associated with chapter 11 procedures, have a common lawful judgment entered against such gathering or a criminal conviction entered against such gathering, you will speedily tell VivaHomePros. You further speak to that you have not been endorsed or punished by any administrative experts regarding your arrangement of administrations to any of your clients, and that you have not been denied enrollment to (or had your participation disavowed from) any expert industry affiliations. You approve VivaHomePros to confirm that the entirety of the above portrayals are honest and exact consistently while this Agreement stays basically;
You concur that we will reserve the option to reveal any data we have with respect to you and your organization we accept important to fulfill any law, guideline, or legislative solicitation for data from us in regards to any work or administrations you have performed for Users; You comprehend and concur that you are exclusively liable for your collaborations with different Users, Members, Claimers, or Service Professionals. We hold the right, yet are under no commitment, to screen debates among you and different Users, Members, Claimers, or Service Professionals; We claim all authority to charge you for any sums paid to a User compliant with a debate among you and a User, or dependent on your presentation of or inability to perform administrations for a User, and you consent to repay us for any such installments. You concur that if another User, Member, Claimer, or Service Professional penetrates any commitment to you, you are exclusively liable for implementing any correct that you may have. VivaHomePros isn't answerable for upholding any rights under an agreement among you and another User, Member, Claimer, or Service Professional; You concur that you are liable for keeping up the secrecy of all passwords related with your utilization of the Site as well as Membership and are exclusively answerable for all activites coming about because of the utilization of your secret key and led through your Membership and record;
you give any statements to Users through the Site, such statements are accommodated educational purposes as it were. A User can't contract with you through the Site. In the occasion a User chooses you from our Site because of a statement you give (or timetables an arrangement), such choice (or arrangement) is only a sign of the User's enthusiasm for reaching or being reached by you; On the off chance that you give composed, verbal, media transmission, sound, video chronicles, remarks, or tributes about service(s) or items, you concur that we will have sole responsibility for and all licensed innovation rights in such remarks or tributes, and that we may post and distribute your remarks or bits thereof at our sole attentiveness on our Site or in showcasing materials, including your name and friends or organization, and that you will not be qualified for any installments related with our utilization of the prior;
You thus approve us to utilize your name, organization name, and establishment name, as pertinent, and any of the trademarks, administration marks, exchange names and logos, content including photos or sound video chronicles, in the structure or arrangement that you gracefully to us or that you transfer to our Site, for use and posting on our Site and for use in showcasing materials to be elevated to Users through online postings, by means of messages or something else, to help advance you or your administrations, and that you will not be qualified for any installments related with our utilization of the previous; You speak to that you hold every single essential option to show any of the logos, administration imprints, trademarks, and some other substance that you transfer to our Site, and you speak to that your transferring for show of any such substance, and the utilization by VivaHomePros of such substance, as examined by this Agreement, will not damage any outsider's licensed innovation rights. In the event that there are any confinements or limitations relating to the utilization or introduction of such logos, exchange or administration marks, it will be your duty to give us, recorded as a hard copy, with any such limitations or impediments of utilization;
During the term of this Agreement, you might be approved to utilize certain characteristics of VivaHomePros, as important to advance your business, if approval is allowed by us recorded as a hard copy ahead of time and at our sole prudence. You are explicitly restricted from enlisting any trademarks or area names that would have a place with VivaHomePros; VivaHomePros saves the right, in its sole watchfulness, to survey, reject and evacuate any Content that you transfer to the Site or your Company Profile; You speak to that you own, or have the fundamental consents to utilize and approve the utilization of, your Content as depicted in this. You comprehend and concur that you are answerable for your Content and, when distributed, you should contact VivaHomePros straightforwardly to have it evacuated. You expect any hazard related with your Content, remembering another User's dependence for its exactness or unwavering quality, or any data in your Content that may make you recognizable; You comprehend and recognize that you may open yourself to obligation if, for instance, your Content contains material that is: bogus, deliberately deceptive, or abusive; disregards any outsider right, including any copyright, trademark, patent, prized formula, moral right, protection right, right of exposure, or some other licensed innovation or exclusive right; contains material that is unlawful, including illicit detest discourse or sex entertainment; misuses or in any case hurts minors; or damages or backers the infringement of any law or guideline. We maintain whatever authority is needed to evacuate, screen, alter, or restore any Content occasionally, in our sole prudence, without notice to you;
You own your Content, and we own the VivaHomePros Content, including, however not constrained to, visual interfaces and illustrations, intelligent highlights, plan highlights, arrangement, items, PC code, programming, User evaluations and surveys, and any other sight and sound components or potentially segments of the Site, barring your Content, the User Content, and any Third Party Content showed on the Site. We own the copyrights, trademarks, exchange names, administration marks, and other scholarly and exclusive rights related with the VivaHomePros Content and the Site all through the world, which are thereto secured under copyright, exchange dress, patent, trademark laws and all other appropriate scholarly and restrictive rights. In that capacity, you may not replicate, alter, make subordinate works or adjustments thereof, disperse, freely show or in any capacity abuse any of the VivaHomePros Content, in entire or to some extent, aside from as explicitly approved by us or our offshoots. With the exception of as explicitly put forward in this, we don't concede you any express or inferred rights, approvals, or licenses, and all rights in and to the Site and the VivaHomePros Content are our own;
We may utilize your Content from various perspectives. This incorporates openly showing it, reformatting it, fusing it into notices, conveying it, and permitting others to do likewise on their own sites and media stages. You thus permanently award us eminence free, interminable, irreversible, non-selective, overall rights and permit rights to utilize your Content for any reason, and you therefore speak to and warrant to VivaHomePros that you hold all the rights, licenses, approvals important to give such permit, in this manner unavoidably conceding the clients of the Site and any outsider openly getting to the Site, option to get to your Content regarding their utilization of the Site and any help consequently. At long last, you unalterably postpone, and cause to be deferred, against VivaHomePros and its clients any cases and declarations of good rights or attribution concerning your Content. By "use" we mean use, duplicate, freely perform or show, appropriate, alter, interpret, and make subordinate works of your Content; You recognize and concur that the entirety of the Content and data posted on the Site, including however not constrained to Company Profiles, screening data, and User appraisals and audits for all VivaHomePros Service Professionals, Members, and Claimers, barring any logos or trademarked materials or other licensed innovation of Service Professionals gave by Service Professionals), is the sole and selective property of VivaHomePros. You recognize and concur that you reserve no option to repeat, post, distribute, show or in any case utilize any User evaluations and audits (counting those identifying with you and your business), or some other Content posted on the Site, other than Content gave straightforwardly by you;
You speak to and warrant that the entirety of the data you give to VivaHomePros, including all data you remember for your Company Profile, is valid and precise. You consent to keep up and update such data to keep it precise. You recognize that an infringement of any of the previous could bring about huge harms, and you concur that you are subject to VivaHomePros for any such harms, and will reimburse VivaHomePros in case of any outsider cases against VivaHomePros dependent on or emerging from your infringement of the prior. On the off chance that you give any data that is incorrect, or VivaHomePros has sensible grounds to accept is off base, VivaHomePros may suspend or end your utilization of the Site as well as Membership or potentially decay to allow your proceeded or potentially future utilization of the Site and additionally future Membership; You comprehend and concur that the person whose email address is related with a record at the hour of enrollment must have the position to tie you to this Agreement;
You recognize and concur that VivaHomePros has the right, in its sole carefulness, to contact Users about administrations you give to pick up their input and rating of you, and to show such User evaluations and audits on our Site. You recognize and concur that VivaHomePros isn't dependable or at risk to you for any remarks, appraisals, or interchanges of any sort from Users that we decide to post on our Site; VivaHomePros may openly show notices and other data neighboring, or included with, your Content. You are not qualified for any pay for such commercials. The way, mode and degree of such promoting is liable to change without explicit notification to you. These commercials might be custom-made to the Content of the Site, and the nature and degree of such promoting by us is liable to change without earlier notification. You won't take part in any illicit demonstrations or demonstrations of bad behavior, unscrupulousness or dishonest strategic approaches with VivaHomePros, any User, or other outsider, including, however not restricted to, uncovering any User individual data to any outsider. You will consistently be in full consistence with all relevant Federal, Provincial, nearby and different laws and guidelines that apply to your exercises.
YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A VivaHomePros LEAD (OR THE INFORMATION CONTAINED THEREIN), OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO VivaHomePros AND OTHER SERVICE PROFESSIONAL PARTNERS. Reacting TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF VivaHomePros. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING USERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS, INCLUDING, BUT NOT LIMITED TO, FEDERAL AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL ANTI-SPAM REGULATIONS. As needs be, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN), OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO VivaHomePros, AS SET FORTH BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND/OR CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES;
You consent to permit just approved workers of your organization, or self employed entities performing administrations legitimately for the benefit of your business, to contact or offer any support to Users you learn of by means of a Lead. To the degree you utilize any such subcontractors, you will be dependable and at risk for all demonstrations and exclusions of such subcontractors and for guaranteeing that such subcontractors consent to all the arrangements of this Agreement; You make a deal to avoid selling, exchange, blessing, appoint, or in any case move any Leads gave by VivaHomePros to some other gathering, including some other VivaHomePros Service Professional; In the occasion you partake in any advancement whereby VivaHomePros advances an offer or rebate identified with your administrations, regardless of whether on the VivaHomePros Site, or else, you consent to comply with the terms and states of such offer or markdown;
By turning out to be to a VivaHomePros Member, Claimer, or in any case utilizing the VivaHomePros Site or Services, as well as by inquisitive about a VivaHomePros Membership or different VivaHomePros items or administrations, you are mentioning, and you explicitly agree to being reached by us and by our specialists and delegates through telephone, email, mail, or other sensible methods, at any of your contact numbers or addresses, regardless of whether you have recently quit from accepting promoting messages from VivaHomePros, all together that we may offer the types of assistance set out on our site, to support your record, to sensibly deliver matters relating to your record, or for different purposes sensibly identified with our business. You consent to pursue in any event two (2) strategies for Lead warning (for instance SMS and email), and recognize that in the event that you don't pursue at any rate two (2) techniques for Lead notice, VivaHomePros isn't liable for any deferred or undelivered Leads. You may likewise be bought in to promoting messages, just as our email pamphlet, or messages from outsiders made accessible through VivaHomePros. You may quit trivial interchanges at whenever.
You may not utilize the Site to menace or irritate VivaHomePros Users, Members, Claimers, or other Service Professionals, transfer unlawful material, adjust Site content, send spam, or hack into User data. Regarding your utilization of the Site, you concur that you will not: Help, inspire, or empower others to encroach the terms and states of this Agreement, or VivaHomePros Terms; Mimic any individual or substance, including, without restriction, a VivaHomePros official or operator; Counterfeit or encroach the protected innovation privileges of an outsider, including any break of certainty, copyright, trademark, patent, competitive advantage, moral right, security right, right of exposure, character rights or some other licensed innovation or exclusive right; Utilize any robotized procedure to get, duplicate, procedure, access, or utilize our administrations or any procedure, regardless of whether mechanized or manual, to catch information or substance from any of our Users, Content or administrations in any capacity whatsoever; Gather, get, move, or spread any by and by recognizable data of any User of the Site without the express approval of the holder. Take part in watchword spamming of audits or profile content, or in any case endeavor to control any Site's query items, compose counterfeit, or abusive Content or exchange surveys with different organizations; Figure out, compile, or dismantle the Site, or to change over into intelligible structure any of the substance of this Site not expected to be so perused, including, yet not restricted to, utilizing or legitimately seeing the basic code for the Site aside from as deciphered and showed in the program; Transfer, post, or in any case disperse any Content that: (I)encroaches or abuses the licensed innovation privileges of any outsider, including any trademark, copyright, competitive advantage, moral rights, auxiliary rights or different rights in this way, or causes or results in the infringement of any material law or guideline. (II)In any capacity misuses the Site other than as explicitly authorized by us. (III)Supports any lead that could advance or cause separation, bigotry, scorn, mischief, or brutality against any individual or gathering of people. (IV)Compromises minors in any way. (V)Advances or energizes unlawful, fake or unseemly exercises. (VI)Advances or scatters any substance that is or might be viewed as foul, obscene, improper or in any case offensive; Change, adjust, proper, replicate, convey, interpret, make subordinate works or adjustments of, freely show, sell, exchange, or in any capacity misuse the Site Content (other than your appraisals and surveys), aside from as explicitly approved by VivaHomePros; Evacuate or adjust any watermark, copyright, trademark, or other restrictive rights notice that shows up on any picture, pennant, casing, Content, or part of the Site or to recover or list any bit of the Site; Convey or endeavor to convey, any spontaneous publicizing, electronic email, advancement, spam, or networking letters; Utilize the Site to move to different clients any sort of PC infections, worms, surrenders, Trojan ponies or different things of a damaging sort; Make any move that will or may cause a nonsensically enormous burden on VivaHomePros' innovation framework or in any case set unreasonable rush hour gridlock expectations of the Site; Menace, scare, pester, put undue weight, start a legitimate activity, undermine a lawful activity against any User of the Site; Utilize the Site for any reason that is unlawful or disallowed by the terms and states of this Agreement; Utilize the Site in any way that could meddle with some other User's utilization and delight in the Site; or Endeavor to increase unapproved access to any of the Site, administrations, accounts, PC frameworks or systems associated with VivaHomePros through hacking, secret phrase mining, or some other methods. VivaHomePros claims all authority to choose what information, Content, or data is distributed to, or expelled from, the Site is esteemed to disregard any of the above limitations.
Restricted License and Copyright – Subject to the terms and states of this Agreement, you award VivaHomePros a non-elite, non-transferable, constrained option to access, use and show this Site and the Content consequently and to see and download the Content, just regarding your own and non-business utilization of the Site. This approval isn't an exchange of title in the Content and is dependent upon the limitations in this Agreement; Exchange marks – The exchange imprints, logos, and friends names of VivaHomePros, or any of its associates, utilized on this Site may not be replicated, imitated, or utilized, in entire or to some degree, without the earlier composed assent of VivaHomePros or any such subsidiary. Different items, administrations, logos, and friends names referenced on this Site might be the exchange characteristics of their separate proprietors. Aside from as explicitly gave in this, VivaHomePros and its partners don't give any communicate or suggested right or permit to you under any protected innovation right, including under any patent, exchange mark, copyright, competitive advantage, or private data; Non-encroachment – You may not post, or in any case make accessible, to the Site any material that is secured by a copyright, exchange mark, or other exclusive right without the express authorization of the proprietor. You consent to accept sole obligation and to reimburse VivaHomePros for any harm coming about because of encroachment of any outsider's copyrights, exchange marks, or other restrictive rights or some other mischief coming about because of your utilization of such encroaching materials in an audit, or on or regarding the Site.
Term – You concur that the underlying term of your VivaHomePros Membership is compelling for at least twelve (12) sequential months; Participation Payment – Payment might be made either in-full ahead of time (for a term of twelve a year) or month-by-month by means of an affirmed installment strategy, as set out by VivaHomePros. Any installment made in-full ahead of time is entirely and totally non-refundable; Lead Payment – Members may buy Leads through the Site; Refusal – You comprehend and concur that VivaHomePros claims all authority to drop your VivaHomePros Membership on the off chance that it esteems, in its sole and supreme attentiveness, to be wrong in any capacity; End – You comprehend and concur that VivaHomePros, in its sole and total tact, maintains whatever authority is needed to downsize your Membership or end your Membership and record whenever without notice. You may end your Membership after the finish of the underlying twelve year term with sixty (60) days composed notification. Any installment made in-full ahead of time is entirely and totally non-refundable; You recognize and concur that it is your duty to guarantee that the specialized strategies that you have chosen in your VivaHomePros record, and all contact and charging data, are stayed up with the latest and precise. VivaHomePros isn't dependable, or at risk, for undelivered record and Member notices. You consent to immediately advise VivaHomePros if your installment strategy is dropped (counting on the off chance that you lose your card or it is taken), or on the off chance that you become mindful of a potential penetrate of security, (for example, an unapproved revelation or utilization of your installment technique). Moreover, you approve us to get refreshed or substitution lapse dates and card numbers for you acknowledge or charge card as gave by your credit or platinum card backer. You recognize and concur that you won't get a nitty gritty record articulation except if you furnish VivaHomePros with a legitimate email address. Your record balance is additionally accessible by calling (877) 488-0312. VivaHomePros will drop your paid enrollment if your record is 60 days past due. You are then liable for paying the sum owing in the event that you wish to restore your enrollment. Any questions about charges to your record must be submitted to VivaHomePros recorded as a hard copy inside thirty (30) days of the date such charges are brought about. You consent to postpone all questions not made inside the thirty (30) day time span, and every single such charge will be conclusive and not expose to challenge; Past due records might be sent to an outsider assortment office and answered to a FICO assessment office and we may charge you for, and you consent to pay for, all assortment and related case expenses; No expense is expected or payable to the degree such charge is infringing upon any relevant law; You approve VivaHomePros to charge you for any deals or comparative expenses that might be forced on your VivaHomePros Membership installments, Lead expenses, or some other charges charged by VivaHomePros.
Permit – While this Agreement stays as a result, and keeping in mind that you stay in full consistence with all terms and conditions put forward thus, VivaHomePros therefore allows you a non-select, non-transferrable, non-sublieutenant, permit to utilize and show the VivaHomePros Verification Badge regarding advertising your business. You concur that any utilization or show of the VivaHomePros Verification Badge must agree to all measures and rules of VivaHomePros, as embraced now and again, as for the best possible use and show of the VivaHomePros Verification Badge; Limitations – You may just utilize the VivaHomePros Verification Badge in the occasion you pass VivaHomePros' pre-screening rules at first and every year from there on, which will be resolved in VivaHomePros' sole prudence. VivaHomePros may likewise re-screen your business whenever, in its sole watchfulness, and may end this Agreement in VivaHomePros' sole circumspection. Further, you concur that you will utilize and show the VivaHomePros Verification Badge exclusively regarding the administrations for which VivaHomePros pre-screens you. For instance, in the event that you are pre-screened as a handyman, you may not utilize the VivaHomePros Verification Badge to promote your business for any administrations other than plumbing administrations. Further, you may just utilize the VivaHomePros Verification Badge in the Province for which you have been pre-screened by VivaHomePros. You may just utilize the VivaHomePros Verification Badge for its proposed use, and you may not distort VivaHomePros, VivaHomePros' items or Services, your alliance with VivaHomePros, or the VivaHomePros Verification Badge. In the event that whenever any of your screening your status should change (for example area level permit ended; drop out of good remaining in your condition of joining), you should promptly report such change to VivaHomePros, and if such change makes your business bomb VivaHomePros' screening measures, in VivaHomePros' sole caution, at that point your permit to utilize the VivaHomePros Verification Badge will be quickly suspended, and if not helped agreeable to VivaHomePros inside thirty (30) days of warning, this Agreement will naturally end. You likewise thus consent to be re-screened by VivaHomePros every year, and at some other time as wanted by VivaHomePros, and inability to permit such rescreening, or bombing the re-screening, in VivaHomePros' sole caution, will bring about the quick and programmed end of this Agreement. The permit conceded hereunder is exclusively for the utilization of the VivaHomePros Verification Badge, and you don't reserve any privilege to utilize the VivaHomePros name or logo independently or separated from the VivaHomePros Verification Badge; Getting to the VivaHomePros Verification Badge – You comprehend and concur that you will get to the VivaHomePros Verification Badge exclusively by means of the accompanying strategies: (a) through a code scrap gave to you by VivaHomePros to utilize online on your site, or (b) some other strategy by and large offered by VivaHomePros. You may not roll out any improvements or changes to the VivaHomePros Verification Badge (counting the code bit), and will just utilize the VivaHomePros Verification Badge in the specific structure and arrangement in which it is given to you by VivaHomePros. VIII.INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISCLAIMER OF WARRANTIES. Repayment. You will completely secure, reimburse and guard VivaHomePros and the entirety of its operators, officials, chiefs, investors, providers, accomplices, representatives and every one of their replacements and doles out ("Indemnified Parties") and hold every one of them innocuous from and against all cases, requests, liens, harms, reasons for activity, liabilities of any and each nature at all, including yet not restricted to individual injury, protected innovation encroachment, misrepresentation, tricky promoting, infringement of any state, common or government laws or guidelines, property harm, lawyers' charges and court costs, emerging in any way, legitimately or in a roundabout way, out of or regarding or over the span of or coincidental to any of your work for or dealings with any clients, or your administrations, portrayals, publicizing, or commitments (counting however not constrained to your commitment to keep up the privacy of client individual data) as gave in this Agreement, including any additional work, and regarding your utilization of the VivaHomePros Verification Badge, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF VivaHomePros OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY VivaHomePros OR THE INDEMNIFIED PARTIES. In no occasion will VivaHomePros or its partners, operators, licensors, providers or their individual executives, officials or representatives be subject to you for any immediate, roundabout, accidental, extraordinary, reformatory, or potentially weighty harms at all, regardless of whether dependent on guarantee, agreement, tort, or some other legitimate hypothesis, and whether you are informed with respect to the chance of such harms. The prior confinement of obligation will apply to the furthest reaches allowed by law in the pertinent purview. The utilization of this Site is at your own hazard and VivaHomePros expect no obligation or duty relating to the Content, your utilization of the Site, or the receipt, stockpiling, transmission, or other utilization of your own data; The Content and data open through this Site may contain mistakes and typographical blunders. VivaHomePros and its offshoots make no portrayals or guarantees in regard of the exactness or culmination of the Content or data available on or through this Site, or the unwavering quality of any exhortation, supposition, explanation, or other data showed or conveyed through this site. VivaHomePros accepts no accountability for the exactness and fulfillment of any survey. You recognize and concur that any dependence on any of the previous will be at your sole hazard. VivaHomePros won't be dependable to you or any outsider for any harms, consumptions, loss of benefits, or planned benefits of any sort or nature continued or emerging out of, or affirmed to have been supported, or to have emerged out of your utilization of this Site; Your utilization of our Site is at your own hazard, and subsequently you therefore recognize and concur that we flexibly our administrations "with no guarantees", "with all flaws", and "as accessible", including all Content, programming, materials, administrations, capacities, and additionally data made accessible through the Site. VivaHomePros isn't answerable for any Content or data that you may discover unwanted or shocking. VivaHomePros thus repudiates any risk emerging out of or identified with any indicated realities or data and portrayal of any items showed on our site, including all guarantees of any sort, either express or inferred, including, without constraint, guarantees of title, merchantability, readiness for a specific reason, or non-encroachment. Neither VivaHomePros, nor its representatives, subsidiaries, contractual workers as well as specialists warrantee that the Site will be sans mistake, continuous, secure, or produce specific outcomes, that a statement is current, substantial as well as un-lapsed, or that the data acquired in this way will be solid or precise. No guidance or data given by VivaHomePros or its workers, subsidiaries, contractual workers as well as operators will make an assurance; In the event that you are disappointed with the Site and the Content subsequently, or the Terms of this Agreement, your sole and elite cure is to stop utilization of the Site.
VivaHomePros is focused on settling debates rapidly in a financially savvy and unbiased way ("VivaHomePros Resolution Process"). In like manner, you and VivaHomePros consent to determine any debate that emerges out of this Agreement or our administrations (a "Guarantee") as per one of the subsections beneath, or as VivaHomePros and you in any case concur recorded as a hard copy. Before falling back on these other options, we unequivocally urge you to initially get in touch with us straightforwardly. Regarding any debate that emerges out of this Agreement or our administrations, you consent to the accompanying: Connect – It is our conviction that numerous questions can be settled genially. We urge you to get in touch with us by telephone or email before depending on options; Inappropriately Filed Claims – Claims you bring against VivaHomePros must be settled as per this Legal Disputes Section. A case recorded or carried in opposition to the Legal Disputes Section will be considered inappropriately documented. A case recorded in opposition to the Legal Disputes Section may permit VivaHomePros to recoup lawful charges, gave that VivaHomePros has informed you recorded as a hard copy of the inappropriately documented case and you have neglected to immediately have the case pulled back; Best Efforts – Both sides consent to utilize their earnest attempts to settle any contest, Claim, question, or contradiction legitimately through great confidence exchanges, which will be a precondition to either party starting a claim or assertion. This incorporates, yet isn't restricted to, the arrangement of all important data and documentation concerning any Claim inside an auspicious way. NO CLASS ACTIONS OR ARBITRATIONS – YOU AGREE TO RESOLVE ANY CLAIMS RELATING TO THIS AGREEMENT OR OUR SERVICES ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. X.ARBITRATION AND GOVERNING LAW. Law and Forum for Legal Disputes – This Agreement will be administered in all regards by the laws of the Province of Ontario, >LOCATION< as they apply to understandings went into and to be performed completely inside Ontario between Ontario occupants, regardless of contention of law arrangements. You comprehend and concur that any Claim or debate you may have against VivaHomePros must be settled only by a Provincial or Federal court situated in Toronto, Ontario,>LOCATION<, with the exception of as in any case concurred by the gatherings or as depicted in the Arbitration Option passage beneath. To prosecute every such Claim or debates, you consent to submit to the individual purview of the courts situated inside Toronto, Ontario,>LOCATION<; Mediation Option – For any Claim (barring Claims for injunctive or other fair help) totalling a measure of not exactly CDN $25,000.00 the gathering mentioning alleviation will choose for resolve the question through restricting non-appearance-based discretion. Mediation will be started through a built up elective contest goals (ADR) supplier which will be commonly settled upon by all gatherings. The accompanying standards will be agreed to by the ADR supplier and the gatherings: (a) the discretion will be directed by phone, on the web, or potentially be exclusively founded on composed entries. The starting party will pick the particular way by which the discretion will be led; (b) the intervention will not include any close to home appearances by the gatherings or witnesses, except if in any case commonly concurred by the gatherings; and (c) any judgment on the honor rendered by the referee might be entered in any court of capable purview.
Whole AGREEMENT – THESE TERMS AND CONDITIONS OF THE AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND VivaHomePros AND GOVERNS YOUR USE OF THE SITE AND SERVICES PROVIDED THEREIN, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND VivaHomePros, WHETHER WRITTEN OR ORAL. THE SECTION AND PARAGRAPH HEADINGS IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY AND WILL NOT AFFECT THEIR INTERPRETATION; Severability and Waiver – If any arrangement of this Agreement is held unenforceable by a court of capable locale, at that point such arrangement will be adjusted to mirror the gatherings' goal. Every single residual arrangement of this Agreement will stay in full power and impact. The disappointment of VivaHomePros to work out, in any regard, any privilege accommodated thus won't be esteemed a waiver of any further rights hereunder. No waiver by VivaHomePros of any penetrate or default hereunder will be considered a waiver of any former or resulting break or default; Task of Rights – VivaHomePros may allocate any or the entirety of its privileges hereunder to any gathering without your assent. You are not allowed to dole out any of your privileges or commitments under this Agreement without the earlier composed assent of VivaHomePros, and any such endeavored task will be void and unenforceable. Power Majeure – VivaHomePros won't be at risk for any inability to play out our commitments hereunder, where such disappointment results from any reason past our sensible control, including, without impediment, mechanical, electronic, or correspondences disappointment or debasement; Relationship – You and VivaHomePros are self employed entities, and no organization, association, joint endeavor, worker business, or franchiser-franchisee relationship is expected or made by this Agreement. Dropping – VivaHomePros may, at its sole watchfulness, drop or suspend any of your benefits identified with the utilization of the Site, in entire or partially, in any way, shape or form, including, without confinement, the rebelliousness with the Terms of this Agreement. Acknowledgment – By concurring you affirm that you have perused and comprehended these Terms and that you consent to be limited by these and different Terms consolidated by reference above.