Terms and Conditions – HometownLocal.com
ACCEPTANCE OF TERMS
Hometown Internet Marketing, LLC (DBA “HometownLocal”) helps consumers research, contact, rate, and review service contractors (“Service Providers”) via the Hometown Dumpster Rental and Hometown Demolition Contractors Websites. The following Terms of Use outline your obligations when using HometownLocal.com, HometownDumpsterRental.com, HometownDemolitionContractors.com, and other HometownLocal websites and services. Your use of these Websites, or submission of service requests to Service Providers listed on this Website, constitutes your agreement to all such terms, conditions, and notices in effect at such time.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE HOMETOWN DUMPSTER RENTAL OR HOMETOWN DEMOLITION CONTRACTORS WEBSITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THIS WEBSITE.
MODIFICATIONS OF TERMS OF USE
We may amend these terms at any time by posting a revised version of these Terms of Use. These Terms of Use were last updated on May 26, 2021. You are responsible for regularly reviewing information posted in these Terms of Use to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Websites and Services. YOUR CONTINUED USE OF WEBSITES AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
COPYRIGHT
The entire content included in the HometownLocal, Hometown Dumpster Rental, and Hometown Demolition Contractors Websites, including but not limited to text, graphics, or code is copyrighted under the United States and other copyright laws, and is the property of Hometown Internet Marketing. The content of this website is licensed to Hometown Internet Marketing, copyright 2008-2021, all rights reserved. Any use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless authorized by Hometown Internet Marketing.
TRADEMARKS
HometownLocal and all other service marks, trademarks, and trade names of Hometown Internet Marketing used in this site are registered trademarks of Hometown Internet Marketing.
WARRANTY DISCLAIMER
Hometown Internet Marketing provides the content of HometownLocal, Hometown Dumpster Rental, and Hometown Demolition Contractors “as is” and without any representation or warranty, express, implied, or statutory. Hometown Internet Marketing specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, Hometown Internet Marketing does not represent or warrant any content from this website or the server that makes this website available are free from errors, defects, design flaws, omissions, viruses, or other harmful components. Your use of this website is at your own risk.
HOMETOWNLOCAL SERVICES
At HometownLocal, we work hard to make your experience using the Hometown Dumpster Rental and Hometown Demolition Contractors Websites a positive and helpful one. We provide a national directory of local Service Providers, so you may select or search for individual Service Providers in your area, along with viewing the Service Provider’s services, credentials, ratings, and reviews.
No Guarantees or Endorsements.Although we attempt to verify the accuracy of information provided on the Hometown Dumpster Rental and Hometown Demolition Contractors Websites and related services, we make no guarantees regarding the skills or representations of Service Providers, or the quality of the job that they may perform for you if you hire a particular Service Provider. HometownLocal does not endorse or recommend the services of any particular Service Provider on the Hometown Dumpster Rental or Hometown Demolition Contractors Websites. It is entirely up to you to evaluate the qualifications of a Service Provider, 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 HometownLocal, nor is HometownLocal an agent of the Service Providers.
No Contracting via HometownLocal or the Hometown Dumpster Rental and Hometown Demolition Contractors Websites. HometownLocal may inform you of certain offers, prices, or discounts provided by a Service Provider. Such offers, prices, or discounts are made solely by the Service Provider, and HometownLocal does not guarantee or warrant the pricing or discounts that a Service Provider may offer you. Any quotes provided by Service Providers via HometownLocal or the Hometown Dumpster Rental or Hometown Demolition Contractors Websites are not contractually binding offers, are for informational purposes only, and cannot be accepted on or by the Hometown Dumpster Rental or Hometown Demolition Contractors Websites. No contractual arrangement is created based upon the quotes provided to you from Service Providers (or your scheduling of an appointment with a Service Provider) via HometownLocal or the Hometown Dumpster Rental or Hometown Demolition Contractors Websites. To contract with a Service Provider, you must work directly with the Service Provider. HometownLocal 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 Providers are governed by the terms of such contracts and by applicable federal, state, provincial, and local laws.
Release from Damages or Claims. Should you have a dispute with any Service Provider, you must address such dispute with the Service Provider directly. YOU HEREBY AGREE TO RELEASE HOMETOWNLOCAL (AND OUR OFFICERS, DIRECTORS, 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.
SERVICE PROVIDER CREDENTIALS, PROFILES, AND DISCLAIMERS
HometownLocal relies on Service Providers to provide accurate information on services, local and state trade licenses, business licenses, insurance, and other credentials. We gather such information via documents provided by Service Providers, verbally from Service Providers, from Service Provider websites, and other websites. We publish the information provided to us by Service Providers and take reasonable measures to verify their authenticity at the time the Service Provider is listed on Hometown Dumpster Rental or Hometown Demolition Contractors Websites, but we make no warranty or guarantee of the information provided by the Service Provider or other third party agencies, nor do we guarantee that a Service Provider has the proper licensing or insurance for any particular service request. Some states may require state-level licensing and some counties and local authorities may require county or city level licensing. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. We always recommend that you ask the business to provide you with a copy of their license and insurance certificates.
HOMETOWNLOCAL GATHERS SERVICE PROVIDER INFORMATION AND CREDENTIALS SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO BE LISTED ON THE HOMETOWN DUMPSTER RENTAL OR HOMETOWN DEMOLITION CONTRACTORS WEBSITES. AS A RESULT, SERVICE PROVIDER’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, HOMETOWNLOCAL DOES NOT WARRANT OR REPRESENT THAT PROFILE AND CREDENTIAL INFORMATION IS UP TO DATE. HOMETOWNLOCAL IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER’S CREDENTIALS AND PROFILE INFORMATION. BEFORE HIRING A SERVICE PROVIDER, WE RECOMMEND THAT YOU VERIFY THE INFORMATION IN THE SERVICE PROVIDER’S PROFILE IS STILL ACCURATE AND ACCEPTABLE FOR YOUR PROJECT. HOMETOWNLOCAL ASSUMES NO LIABILITY FOR FOR SUCH INFORMATION. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PROFILE AND CREDENTIAL PUBLISHING PROCESS OR INFORMATION OBTAINED OR PRESENTED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
RATINGS & REVIEWS ARE NOT ENDORSED BY HOMETOWNLOCAL
All Ratings and Reviews of a Service Provider on Hometown Dumpster Rental or Hometown Demolition Contractors Websites reflect the opinions of other consumers, and do not reflect or represent the opinions of HometownLocal. HometownLocal takes reasonable measures to verify the authenticity of consumer Ratings and Reviews, but disclaims any and all representations or warranties with regard to the Ratings and Reviews. HometownLocal does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Website or the materials contained therein.
ARTICLES AND OTHER CONTENT
HometownLocal provides certain content relating to residential and commercial dumpster rental, junk removal, demolition, and excavation (“Articles”), on the Hometown Dumpster Rental and Hometown Demolition Contractors Websites and other Websites owned and operated by HometownLocal. Such Articles are provided “As-Is,” without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY SITES
The links in the HometownLocal, Hometown Dumpster Rental, and HometownDemolition Contractors Websites will let you leave the Websites. The linked sites are not under the control of HometownLocal, and HometownLocal is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HometownLocal is not responsible for webcasting or any other form of transmission received from any linked site. HometownLocal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HometownLocal of the site.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMETOWNLOCAL, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER 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 HOMETOWNLOCAL SERVICES, IN CONNECTION WITH THE HOMETOWN DUMPSTER RENTAL OR HOMETOWN DEMOLITION CONTRACTORS WEBSITES, 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.
YOUR USE OF HOMETOWNLOCAL SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HometownLocal, Hometown Dumpster Rental, and/or Hometown Demolition Contractors Websites is for your personal use and not for advertising purposes. You may not use Hometown Dumpster Rental or Hometown Demolition Contractors to recreate or compete with HometownLocal, to solicit or harass Service Providers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HometownLocal for any such damages, and will indemnify HometownLocal in the event of any third party claims against HometownLocal based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HometownLocal services or websites at any time. All information about Service Providers is confidential and for your personal use only. If it is determined or suspected by HometownLocal in its sole discretion that you are misusing or attempting to misuse or circumvent the HometownLocal services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming, or spamming, HometownLocal reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
SUBMITTING INFORMATION TO HOMETOWNLOCAL
When requesting service from Service Providers, you will be prompted to disclose information about yourself and your service requirements. 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 via phone, you are requesting, and you expressly consent to being contacted by us and by Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, 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 Website, to service your request, to reasonably address matters pertaining to your request, including but not limited to collecting a Rating and Review of the Service Provider, or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HometownLocal and its partners and thus agree to be contacted by HometownLocal and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers 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 HometownLocal has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, HometownLocal has the right to refuse any current or future use of HometownLocal services (or any portion thereof) by you.
DO NOT KNOWINGLY INPUT FALSE INFORMATION. KNOWINGLY SUBMITTING FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS FRAUDULENT AND COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMETOWNLOCAL AND ITS 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 SOMEONE ELSE’S NAME, EMAIL ADDRESS, PHYSICAL ADDRESS, OR PHONE NUMBER, OR A RANDOM OR MADE UP NAME, ADDRESS, EMAIL, OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMETOWNLOCAL AND EACH HOMETOWNLOCAL SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF HOMETOWNLOCAL 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 EMAIL 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.
RECORDING OF PHONE CALLS
You acknowledge and agree that HometownLocal may monitor and/or record any telephone calls between you and HometownLocal or Service Providers.
CONTENT GENERATED BY USERS
You agree that all of the content and information posted by you or your agents or designees on the Hometown Dumpster Rental or Hometown Demolition Contractors Websites, including but not limited to:
Ratings & Reviews, Images, Comments.
Any other content (known collectively as “Content”) is the sole and exclusive property of HometownLocal, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
HometownLocal’s Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary, or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display, or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
You hereby grant HometownLocal and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate, and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Hometown Dumpster Rental or Hometown Demolition Contractors Websites and other HometownLocal Websites, in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
Representation of Ownership and Right to Use Content. By posting or providing any Content to Hometown Dumpster Rental or Hometown Demolition Contractors or other HometownLocal Websites, you represent and warrant to HometownLocal that you own or have all necessary rights to use the Content, and grant to HometownLocal the rights granted below. The foregoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines. HometownLocal reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HometownLocal owned or operated websites if HometownLocal determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Comments that disparage HometownLocal, Hometown Dumpster Rental, or Hometown Demolition Contractors.
- Language that violates the standards of good taste or the standards of this Website.
- Statements that are or appear to be false.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES.
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from HometownLocal solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
LIMITATION OF LIABILITY
Hometown Internet Marketing is not liable, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages), arising out of or in connection with any use of use of, or inability to use this web site or its content. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case portions of this limitation may not apply to you. In no event will Hometown Internet Marketing be liable or responsible for any errors or omissions in the content of this web site.
GOVERNING LAW AND MISCELLANEOUS PROVISIONS
The HometownLocal, Hometown Dumpster Rental, and Hometown Demolition Contractors Websites are created, controlled, and operated by Hometown Internet Marketing in the State of Michigan, United States of America. The laws of the State of Michigan will govern these terms and conditions. For any legal action concerning these terms and conditions or this web site, you irrevocably consent to the jurisdiction and venue of state or federal courts located in Kent County in the State of Michigan, and you must bring any such legal action within such venue within one (1) year after the claim or cause of action arises.
You acknowledge and agree that the HometownLocal services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and HometownLocal’s sole obligation to you or any third party for any claim arising out of your use of the HometownLocal services or the Hometown Dumpster Rental or Hometown Demolition Contractors Websites, is that you are free to discontinue your use of the HometownLocal services or the Hometown Dumpster Rental or Hometown Demolition Contractors Websites at any time.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, HOMETOWNLOCAL EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HOMETOWNLOCAL SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HOMETOWNLOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms of Use will insure to the benefit of HometownLocal’s successors, assigns, and licensees. If any provision of these Terms of Use shall be deemed unlawful, void, or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HometownLocal to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HometownLocal services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are governed by the laws of the State of Michigan as such laws are applied to agreements entered into and to be performed entirely in the State of Michigan and between Michigan residents. You agree to submit to jurisdiction in Michigan and that any claim arising out of or related to these Terms of Use will be brought solely in a court in Kent County, Michigan. These Terms of Use constitute the entire agreement between you and HometownLocal and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms of Use may not be modified or amended other than by an agreement signed by both parties.