The following Terms and Conditions govern your use of our website. Your use of our website constitutes your agreement to be bound by these Terms and Conditions. If you do not agree with all these Terms and Conditions do not use our website.
PowerScout, Inc. reserves the right to update and revise these Terms and Conditions at any time and without prior notice to you. Your continued use of our website will mean that you accept and agreed to be bound by such updates and revisions.
This website is for users who are at least 18 years old and can form legally binding contracts under applicable law. By using this website you confirm that you are at least 18 years old.
Proprietary Rights and Restricted Use
You agree that you will not use the website in any manner that is contrary to applicable laws and regulations. You further agree not to use data provided by or through the website for any competing use or purposes.
Links to Third-Party Site
At PowerScout we are committed to making your total PowerScout experience a positive one. Upon your entering your information and requesting a home improvement or other service, we will attempt to match you with up to FOUR service providers (collectively “Service Providers”) in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Provider or that there are Service Providers in your area that are either capable or willing to complete your service needs.
No Guarantees or Endorsements.
Although we take certain steps to examine the credentials of the Service Providers listed on our website or whom you may book using our services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Provider or the quality of the job that he or she may perform for you if you elect to retain their services. PowerScout does not endorse or recommend the services of any particular Service Provider. We do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Provider and the Service Provider’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Provider. We do not guarantee or warrant any Service Provider’s performance on the job or the outcome or quality of the services performed. The Service Providers are not employees or agents of PowerScout, nor is PowerScout an agent of the Service Professionals.
No Contracting via the PowerScout Website.
No contractual arrangement is created based upon the quotes provided to you from Service Providers (or your scheduling of an appointment with a Service Professional) via PowerScout. To contract with a Service Provider, you must work directly with the Service Provider. PowerScout does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Provider are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. PowerScout is not a party to such agreements. All payments and applicable taxes must be made to the Service Provider in accordance with the agreements.
Release from Damages or Claims.
Should you have a dispute with respect to any services provided by a Service Provider Professional or the fees charged by any Service Provider, you must address such dispute with the Service Provider Professional directly. YOU HEREBY AGREE TO RELEASE PowerScout (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDERS.
Applications and Registration
As a consequence of your use of PowerScout, service providers (collectively “Service Providers”) may offer you services that help with your home improvement and other service needs. We will not be party to any such agreements, and you acknowledge that we are not responsible for the performance of any of your or the other obligations of any of the parties thereunder. Without limiting the foregoing, we do not guarantee any performance or projected cost savings will be realized.
Information Sharing/TCPA Consent
You may be required to register and create an account on the website. You may not disclose your username or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You will be required to login in order to use certain parts of the website.
Upon using PowerScout, you will be prompted to disclose certain information about yourself and your project requirements. PowerScout will then connect service providers (collectively “Service Providers”) with you who can help you with your project . Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to, being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means at PowerScout’s sole discretion, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize PowerScout and up to FOUR Service Providers that can help you with your request to call you at the landline or mobile phone number you provided, and you understand that either PowerScout or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and you also understand that this authorization is not a requirement to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with PowerScout and/or a Service Provider and thus agree to be contacted by PowerScout and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Provider that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or PowerScout has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PowerScout has the right to refuse any current or future use of the PowerScout services (or any portion thereof) by you. You are responsible for any use of the PowerScout services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO POWERSCOUT AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO POWERSCOUT AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF POWERSCOUT AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
Warranty & Limitation of Liability
The website and any products and services provided by us are provided “as is” and without any representation or warranty, whether express, implied or statutory. Without limiting the foregoing, the accuracy of calculators and tools on the website are not guaranteed and provide you with estimates that may be different than actual amounts.
THIS SITE AND ALL INFORMATION AND SERVICES PROVIDED HEREIN ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
In no event will we be liable for any indirect, special, punitive, incidental or consequential damages arising out of or in relation to your use of our website or the information or services provided herein, including but not limited to loss of use, loss of data, loss of business or loss of profits. The foregoing limitation does not apply in any jurisdiction where such exclusion or limitation is not permitted.
YOU AGREE TO INDEMNIFY POWERSCOUT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE POWERSCOUT SERVICES IN CONNECTION WITH THE POWERSCOUT WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROVIDER, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
These Term of Use and the documents incorporated by specific reference here, constitute the entire agreement between you and use with respect to your rights and obligations related to the use of this website.
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