Effective Date January 22, 2015
Agreement to Terms
Please note that these Terms include a class action waiver, a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you.
Changes to Terms
Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of,and agreement to, such changes. You further waive any right you may have to receive specific notice of such changes.
You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
Services We Provide. Paul’s House connects homeowners and business owners and home professionals of all types (home professionals are referred to individually as “Professionals,”). We help Professionals increase their online presence and connect with homeowners in need of their services.
No Endorsement and Estimates
Paul’s House does not sponsor, endorse, recommend or approve of any Professional who offers products or services through the site. While we try to confirm that Professionals meet certain requirements, we cannot and do not represent or warrant that any Professionals licensed, qualified, bonded, insured or capable of performing any service. Reference to any products, services or other information by trademark, manufacturer, and supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us.
Accurate Information. You agree to provide us with accurate, complete and up to date information and you agree to update such information to keep it accurate, complete and up to date. You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
Do Not Post Illegal or Harmful Content You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Paul’s House.
Do Not Post Improper Content
You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Additional Provisions Applicable to Professionals
In addition to all of the other provisions of these Terms, the following are additional provisions that apply specifically and solely to Professionals.
Licenses and Obligations
You agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses and authorizations required by all applicable authorities for any work you solicit, accept, or perform.
You agree to promptly complete your profile in connection with the Services and to provide us with such additional information as we reasonably request of professionals. In addition, you agree to provide accurate, complete and up to date information and to update such information and to keep it accurate, complete and up to date at all times.
You understand that Paul’s House representatives may access your account and usage information and may review and use such account and usage information as it deems appropriate, including as reasonably needed to investigate complaints, to provide services to you, and to verify information you have provided.
You are aware that the telephone number listed for your business in connection with the Services may be a call forwarding number utilized by Paul’s House that is different than your personal or business phone number.
You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between us. You shall be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your employees.
Provisions Applicable to Paul’s House Premium Products
In addition to all of the other provisions of these Terms, the following provisions apply specifically and solely to Professionals that purchase services from Paul’sHouse from time to time (each, a “Premium Product”).
Premium Products; No Guarantee. Paul’s House and Professional may agree to the term, fees and other terms of a Premium Product in writing, telephonically orelectronically (“Premium Terms”). If purchased telephonically, Paul’s Housewill send a confirmatory email detailing the terms of the Premium Product that Professional agreed to on the telephone (“Confirmatory Email”). If the Confirmatory Email misstates your understanding of our telephonic agreement, please notify us immediately in accordance with the terms set forth in such email.
Professional agrees and acknowledges that Paul’s House cannot and does not guarantee the results of any Premium Product, including the exposure you will receive as part of the Services or the number or quality of potential customers that will contact you. However, Professional also understands and acknowledges that the amount and quality of Professional’s information (including, the amount and quality of profile data, project activity and endorsements) will benefit Professional’s exposure within the Services and Professional agrees to immediately complete aprofile upon signing up for the Premium Product and to populate such profile with as much information as possible.
The“Initial Term” of a Premium Product begins on the first day the Premium Productis made available to Professional and continues for the length of time specified in the Confirmatory Email. After the Initial Term, if a Premium Product has not been terminated, it will automatically renew for successive Renewal Terms (as defined below) until terminated by Professional. A “Renewal Term” is a length of time specified in the Confirmatory Email (e.g. monthly, quarterly, biannually, or annually). Termination of the Initial Term or the then current Renewal Term must be in accordance with the termination procedure below.
Professional authorizes Paul’s House to bill Professional’s credit card on the first day ofthe Initial Term and there after during the Initial Term as specified in the Confirmatory Email. For example, if the Confirmatory Email specifies an Initial Term of one year with payment monthly, then Professional’s credit card would bebilled the specified monthly amount on the first day of the Initial Term andthe same day of every month thereafter during the Initial Term. In addition, Professional authorizes Paul’s House to bill Professional credit card on the first day of each Renewal Term in the amount specified in the Confirmatory Email. For example, if the Confirmatory Email specifies a monthly Renewal Term, then Professional credit card would be billed the specified monthly amount on the first day ofeach month there after.
You agree to notify Paul’s House of any changes to your credit card information necessary to process your payment. If Paul’s House is unable to process the payment, Professional will be responsible for making an alternate payment arrangement and any resulting processing fees that may be incurred. Any prepaid amounts are not refundable, except as specifically described in these Terms.
Late Fees andBilling Issues
Professional agrees to pay a late fee of 2% per month (orthe highest rate permitted by applicable law, if less) for any late payments. Professionalalso agrees to pay reasonable expenses (including collection agency fees andattorney’s fees) incurred by Paul’s House in collecting any unpaid amounts. Professionalagrees to notify Paul’s House of any billing discrepancies or issues within 10days after they first appear, and if not, Professional agrees that Professionalhas waived the right to dispute such billing discrepancies or issues.
To terminate a Premium Product effective as of the last day of the Initial Term orthe last day of the then current Renewal Term, you must notify us at least 15days prior to such last day by email at (link).A Premium Product may only be terminated with an effective date on the last dayof the Initial Term or then current Renewal Term (as applicable) and not beforesuch date. Paul’s Housemay terminate a Premium Product immediately by providing written notice to you(either by email or letter). If termination is by Paul’s House as a result ofyour material breach of the Terms, you will not be entitled to a refund of anypreviously paid amount. If termination is by Paul’s House for convenience, youwill receive a pro rata refund of any prepaid but unused amount with respect tothe terminated Premium Product.
THE SERVICESARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PAUL’S HOUSE PARTIESDISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE INCONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH PROS OR OTHERTHIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OFDEALING, AND COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENTSHALL PAUL’S HOUSE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOU RUSE OF, OR TRANSACTIONS WITH, PROS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAUL’S HOUSE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENTWILL THE COLLECTIVE LIABLITY OF PAUL’S HOUSE PARTIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, PROFESSIONALS OR OTHER THIRD PARTIES EXCEED THE AMOUNT YOU HAVE PAID TO PAUL’SHOUSE FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR TEN DOLLARS, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PAUL’S HOUSE, AS APPLICABLE. Any claims relating to use of the Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PAUL’S HOUSE PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, AND ATTORNEY’S FEES DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, PROS OR OTHER THIRD PARTIES, OR (3) YOUR VIOLATION OF ANY OF THESE TERMS. PAUL’S HOUSE RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH PAUL’S HOUSE IN ASSERTING ANY AVAILABLE DEFENSES.
Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Paul’s House prior written consent, but may be assigned by Paul’s House without restriction and without notice to you.
You agree that these Terms and the Services shall be governed solely by United States and Louisiana law, without regard to conflict of law provisions. Any claim or dispute between you and the Paul’s House Parties that arises in whole or in part from the Services, Terms or any relationship between us, shall be decided exclusively by a court of competent jurisdiction locatedin St. Tammany Parish, Louisiana. You further irrevocably agree to submit tothe personal jurisdiction of the courts located within St. Tammany Parish, Louisiana for the purpose of resolving all such claims or disputes.
Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
Entire Agreement and Severability. These Terms constitute the entire agreement between you and Paul’s House concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Paul’s House with respect to the Services. If any provision of these Terms is held by a court to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Paul’s House failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Modification of Services
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, withor without notice to you, and are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment orenhance the current Services shall be subject to these Terms.
We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent future access to and use of the Services.
If Paul’s House Parties take legal action against you as a result of your violation of these Terms, Paul’s House Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Paul’s House Parties.
If you have questions, please contact us by email [email protected] or in writing at 256 Calumet Drive Madisonville, Louisiana 70447.