Home Tune-up Terms and Conditions
ANGIE'S LIST, INC.
TERMS AND CONDITIONS
Last Updated: March 20, 2014
Congratulations on purchasing a “Home Tune-Up” from Angie's List, Inc. ("Angie's List"). You are now entitled to receive one "Home Tune-Up" performed by one of Angie's List A-rated service providers (a "Service Provider"), subject to the terms and conditions set forth below (this "Agreement" or "Terms and Conditions"). As a condition to receiving a "Home Tune-Up," you understand and agree to all of the terms and conditions of this Agreement.
TERMS AND CONDITIONS
The "Home Tune-Up" is a service administered by Angie's List that leverages top-rated handyman Service Provider’s on Angie’s List to perform basic home maintenance tasks, perform a basic home assessment, and help organize basic home information. The service includes those items located in your home as detailed at https://www.angieslist.com/tuneup, which list may be updated from time to time by Angie's List (the "Included Items"). The purpose of the Home Tune-Up is to help a homeowner be proactive in maintaining his/her home, not to provide a formal home inspection usually performed by a home inspector. Accordingly, the Home Tune-Up does not include a detailed inspection of any structural components, the roof, or the chimney/fireplace, does not include the servicing of any of the HVAC equipment, and does not include any formal assessment as to the presence or existence of mold, asbestos or other hazardous materials on or in the member's home (the “Excluded Items”). In the event, however, that the Service Provider informally observes any condition of concern regarding the above Excluded Items, s/he will include his or her comments in the Home Tune-Up Report (defined below). The Home Tune-Up Report will summarize the work completed during the Home Tune-Up and will identify items, if any, in your home that the Service Provider believes may require maintenance, repairs, replacement or updates. No maintenance, repairs, replacement or updates identified in the Home Tune-Up Report will be completed or performed by the Service Provider as part of the Home Tune-Up, except what is specifically described at https://www.angieslist.com/tuneup. Any maintenance, repairs, replacements or updates recommended to be performed or completed shall be performed pursuant to a separate engagement or contract between you and the Service Provider or another contractor or service provider selected by you. Angie's List is merely providing a Service Provider to perform the "Home Tune-Up" and provide a Home Tune-Up Report.
Service Providers that are eligible to perform the Home Tune-Up must meet certain criteria established by Angie's List. The eligibility criteria includes, without limitation:
Maintain a current A-rating on Angie's List; and
Pass a background check, pursuant to Angie’s List’s criteria.
The eligibility criteria may be modified from time to time by Angie's List without notice to you. With respect to background checks, you acknowledge and understand that Angie's List makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. Angie's List contracts with a third party service provider to perform background checks and such checks are submitted with information that is provided by the Service Provider. Furthermore, you acknowledge and understand that the background and/or license checks may not be up to date. You further understand and acknowledge that Angie's List relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. Angie's List has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check. Your dealings with any Service Provider and any other terms, conditions, representations, or warranties associated with such dealings, are between you and the Service Provider and do not involve Angie's List. You should make whatever investigation or other resources that you deem necessary or appropriate before permitting the recommended Service Provider to perform the Home Tune-Up.
You acknowledge and understand that the Service Provider is not a licensed home inspector and does not maintain licenses that are required to be maintained to be a home inspector. Service Providers are generally highly-rated handymen that meet Angie's List's eligibility requirements. You further acknowledge and understand that the Home Tune-Up is not a home inspection but merely a general assessment and evaluation of the Included Items.
You acknowledge and understand that Service Provider and Angie's List are separate entities and are not partners, joint ventures or otherwise. Angie's List is not an agent of Service Provider.
You acknowledge and agree that Angie's List has no responsibility or obligation to perform the Home Tune-Up or to perform or complete any maintenance, repairs, replacements or updates with respect to any items identified in the Home Tune-Up Report. The Home Tune-Up will be completed by the Service Provider recommended by Angie's List and accepted by you. All maintenance, repairs, replacements and updates identified on the Home Tune-Up Report that you elect to be performed will be performed by a service provider or contractor selected by you.
(g) You acknowledge that limitations exist with any home assessment or evaluation. Service Provider cannot guarantee that inspected items that appear to be in good condition will not fail subsequent to the Home Tune-Up for reasons outside of the Service Provider’s control. Service Provider cannot see behind walls or other hidden areas in the home. You further acknowledge and understand that the Home Tune-Up is not an exhaustive assessment or evaluation of all items relating to your home and that the assessment and evaluation of certain items requires specialized service providers to perform.
USING ANGIE'S LIST SERVICE PROVIDERS
Upon receiving a request for a Home Tune-Up, Angie's List will facilitate the scheduling of an appointment with Service Provider. You may be required by the Service Provider to sign a separate agreement with Service Provider regarding the Home Tune-Up. Angie's List is not and will not be a party to such any agreement. The Home Tune-Up by the Service Provider will also be subject to the terms and conditions of any such agreement between you and Service Provider.
Service Provider will perform no other services for you except the Home Tune-Up and issuance of a Home Tune-Up Report. No further services will be performed by the Servicer Provider unless otherwise agreed to and paid by you.
angie's list IS not a service provider or INSPECTOR
Angie's List is not the Service Provider and is not in the business of providing or performing assessments, evaluations or inspections of homes. Angie's List is not responsible in any way for errors or omissions from Home Tune-Up or the preparation of or assessment or evaluation contained in the Home Tune-Up Report. Angie's List is merely locates a Service Provider to perform the Home Tune-Up for you.
RESPONSIBILITY OF SERVICE PROVIDER
The applicable Service Provider shall be solely responsible for completing the Home Tune-Up and issuing the Home Tune-Up Report. The Service Provider shall be responsible for any and all errors, omissions, injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with Home Tune-Up and/or the Home Tune-Up Report.
MODIFICATION, LIMITATION AND DISCONTINUANCE
Angie's List reserves the right at any time to limit access to, modify, change or discontinue the Home Tune-Up with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of such program. You agree that Angie's List will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Home Tune-Up.
Angie's List is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
You understand and agree that HOME TUNE-UP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT ANGIE'S LIST ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE HOME TUNE-UP OR HOME TUNE-UP REPORT. ANGIE'S LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES OR HOME TUNE-UP WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGIE'S LIST COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICES PROVIDED IN CONNECTION WITH A HOME TUNE-UP WILL BE FREE FROM DEFECT, AND (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF HOME TUNE-UP OFFERED BY AND THROUGH ANGIE'S LIST IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE'S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE'S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM THIS AGREEMENT, THE HOME TUNE-UP, THE HOME TUNE-UP REPORT, OR ANY OTHER MATTER RELATING TO YOUR MEMBERSHIP WITH ANGIE'S LIST. 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 you.
TO THE EXTENT ANGIE'S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT, THE HOME TUNE-UP OR THE HOME TUNE-UP REPORT, ANGIE'S LIST'S LIABILITY FOR DAMAGES WILL NOT EXCEED THE AMOUNT PAID FOR YOUR MEMBERSHIP.
You agree to indemnify, defend and hold harmless Angie's List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers (the "Indemnified Parties") from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any breach of this Agreement by you; (b) any errors or omissions with respect to the Home Tune-Up or the Home Tune-Up Report; or (c) any violation of any rights of another or harm you may have caused to another. Angie's List will have sole control of the defense of any such damage or claim.
You agree that Angie's List may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Angie's List website. All notices to Angie's List will be provided by either sending: (i) an e-mail to Indianapolis@angieslist.com; or (ii) a letter, first class certified mail, to Angie's List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: General Counsel. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
This Agreement along with the Membership Agreement entered into by you and Angie's List governs the Home Tune-Up and constitutes the entire agreement between you and Angie's List with respect to the Home Tune-Up. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angie's List regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, the Service Providers and others.
GOVERNING LAW; TIME LIMITATION FOR CLAIMS
This Agreement and the relationship between you and Angie's List will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie's List may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree 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 Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angie's List's rights if Angie's List fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Angie's List agree 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 you and Angie's List as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Indemnified Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT RECEIVE A HOME TUNE-UP. 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.