Terms & Conditions:
Whereas “MHPT” represents My Home Project Team LLC and “You” represents the consumer or member of the public.
Last updated January 2nd 2020.
My Home Project Team LLC, (MHPT) assists consumers in researching and hiring a variety of home improvement service providers and allows various home improvement service providers to advertize and post content on MHPT website. The following Terms and Conditions of Use lay out your obligations when using the MHPT website, mobile applications, and services.
USER CONDUCT: As a condition of your access and use of the Site and Services and your submission or access to any information, data, text, photographs, audiovisual works, or other materials on the Site and Services (collectively, the “Content”), you agree not to use the Site and Services for any purpose that is unlawful or prohibited by these Terms & Conditions of Use, or any other purpose not reasonably intended by MHPT. Included but not limited to the following, you agree not to:
- use the Site and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Site and Services or its Content for any purposes not authorized by these Terms and Conditions of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements and promotional materials for 3rd parties not approved by MHPT, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Site and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of MHPT, which consent may be withheld by MHPT in our sole discretion;
- post irrelevant, lewd, unlawful, sexually explicit, racially, ethnically or otherwise objectionable, slanderous Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with MHPT, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- violate these Terms & Conditions of Use, other applicable agreement with MHPT, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Site and Services if you are under the age of eighteen (18);
- attempt to gain unauthorized access to any portion or feature of the Site and Services, or any other systems or networks connected to the Site and Services or to any server used by MHPT by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Site and Services user;
- attempt to gain unauthorized access to the Site and Services, other user accounts, or other computer systems or networks connected to the Site and Services;
- use the Site and Services in any way that could interfere with the rights of MHPT or the rights of other users of the Site and Services;
- knowingly provide or submit false or misleading information;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms & Conditions of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site and Services;
- access, download, monitor, or copy any information contained on our Site and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Site and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site and Services; or
- probe, scan or test the vulnerability of the Site and Services or any network connected to the Site and Services, nor breach the security or authentication measures on or of the Site and Services or any network connected to the Site and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Site and Services, or any other customer of MHPT, including any MHPT account not owned by you, to its source, or exploit the Site and Services or any service or information made available or offered by or through the Site and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by MHPT and provided for by the Site and Services.
MHPT’s SERVICES: When using, accessing, or purchasing particular services or features of the Site and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms and Conditions of Use.
REGISTRATION INFORMATION: We may require that you create an account to use or access certain parts of the Site and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Site and Service, you agree to (a) provide MHPT with true, accurate, current and complete information as prompted by the MHPT’s registration forms, when registering for or using the Site and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
PUBLICATION & DISTRIBUTION OF CONTENT: MHPT does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that MHPT simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that MHPT does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with any content and service provider content. You further acknowledge that MHPT has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other MHPT member or any Service Provider. However, MHPT reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will MHPT be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against MHPT relating to Content or Service Provider Content, and release MHPT from any and all liability for or relating to any Content or Service provider content. You may, however, report Content that you believe violates these Terms & Conditions of Use or is otherwise unlawful by sending an email to email@example.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney. You agree that MHPT may establish general practices, policies and limits, which may or may not be published, concerning the use of the Site and Services, You agree that MHPT has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Site and Services.
- you grant MHPT a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license publicly display content you upload to the site.
- you grant to MHPT all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Site and Services;
- you grant to MHPT all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, MHPT, and others as described and otherwise contemplated in these Terms and Conditions of Use;
- you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms and Conditions of Use;
- MHPT may, in its sole discretion, choose to remove or not to remove content, reviews and ratings once published.
- you will not submit any content, reviews that may be considered by MHPT to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your references, reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing. All of your references, reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- the references, reviews and ratings that you provide do not reflect the views of MHPT, its officers, managers, owners, employees, agents, designees or other users.
FEES AND PAYMENT: The cost for our advertizing services consists of an annual fee made payable in 12 equal, non-refundable, monthly installments through pre-agreed automated direct credit/ Debit card transactions. By agreeing to these terms and conditions you authorize regularly scheduled charges to your credit/ debit card. You will be charged the amount agreed upon in electronic or written communication for each billing period. A receipt for each payment will be provided to you and the charge will appear on your bank statement. You agree that no prior-notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 10 days prior to the payment being collected. If the above noted payment dates fall on a weekend or holiday, the payments may be executed on the next business day. Because these are electronic transactions, the funds may be withdrawn from your account as soon as the agreed transaction date arrives. In the case of a transaction being rejected for Non-Sufficient Funds (NSF), MHPT may at its discretion attempt to process the charge again 4 times within 30 days. You agree to an additional $50 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. The payment authorization will remain in effect and be automatically renewed upon the anniversary of your initial acceptance of these terms and conditions unless you cancel it in writing no later than 7 business days prior to account anniversary. You agree to notify MHPT in writing of any changes in your account information or termination of this authorization at least 7 days prior to the beginning of the next annual billing cycle. In the event of cancelation you are still required to complete the rest of the monthly payments attached to your annual fee, the cancelation will go into effect for the next annual billing cycle 12 months from the date of acceptance of these Terms and Conditions. In the event that we offer a promotion for free days/ month/s as a free trial, you need to notify us in writing 72 hours before the end of the promotion in order to cancel your annual subscription. You acknowledge that the origination of the above-mentioned transactions to your account must comply with the provisions of U.S. law. You certify that you are an authorized user of the stated card/ account and will not dispute the scheduled transactions with your bank; so long as the transactions correspond to the terms indicated in this authorization form.
SERVICE PROVIDERS: MHPT does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service, MHPT is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve MHPT. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service. Third parties and Service Providers may link or otherwise direct Internet users to our Site and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. MHPT does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not MHPT’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that MHPT will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. MHPT does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk. You agree that MHPT is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against MHPT relating to any interactions or dealings with any Service and release MHPT from any and all liability for or relating to any interactions or dealings with Service. Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that MHPT shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angie’s List Sites and Services.
TERMINATION OF ACCESS: MHPT may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Site and Services. Furthermore, you acknowledge that MHPT reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site and Services. You understand that MHPT may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to MHPT.
All provisions of these Terms and Conditions of Use which by their nature should survive termination shall survive the termination of your access to the Site and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
NOTICE FOR CALIFORNIA USERS: Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by My Home Project Team LLC 1465 E19th St Brooklyn NY 11230. If You have any questions, concerns, or complaints regarding the Services, please contact MHPT. by either sending: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to My Home Project Team LLC 1465 E19th St Brooklyn NY 11230. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
TRADEMARKS AND COPYRIGHTS: MHPT, and other Site and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks of MHPT in the U.S. and/or other countries. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Content and material made available on the Site and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Site and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of MHPT and/or its licensors and are protected by all United States and international copyright laws.
NOTICES: You agree that MHPT may communicate any notices to You under these Terms and Conditions of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to MHPT will be provided by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to MHPT, 1465 E19th St Suite A, Brooklyn NY, 11230. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), MHPT will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Chief Of Operations, MHPT, 1465 E19th St, Suite A, Brooklyn NY, 11230. If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MHPT will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
DELAYS AND ACCESSIBILITY: The Site and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. MHPT is not responsible for any delays, failures or other damage resulting from such problems.
USER FEEDBACK: MHPT appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Site and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Site and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of MHPT. In addition, none of the Submissions will be subject to any obligations of confidentiality and MHPT will not be liable for any future use or disclosure of such Submissions.
WARRANTIES AND DISCLAIMERS: You acknowledge that MHPT has no control over, and no duty to take any action regarding: which users gain access to or use the Site and Services; what effects the content on or in connection with the Site and Services may have on you; how you may interpret or use the content on or in connection with the Site and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Site and Services. You release MHPT from all liability for you having acquired or not acquired content or information through the Site and Services. The Site and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. MHPT makes no representations concerning any content contained in or accessed through the Site and Services, and MHPT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services. MHPT makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MHPT NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MHPT, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE AND SERVICES. IN NO EVENT WILL MHPT OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MHPT OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MHPT OR THROUGH THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, MHPT DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MHPT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
MHPT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MHPT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
MHPT has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release MHPT from all liability for you having acquired or not acquired Content through the Site and Services. MHPT makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Site and Services, and MHPT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services. The Site and Services may display links to other Internet sites or resources. Because MHPT has no control over such site and resources, you acknowledge and agree that MHPT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MHPT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
INDEMNITY: You agree to indemnify, defend and hold harmless MHPT, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers 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 violation of these Terms and Conditions of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to MHPT or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. MHPT will have sole control of the defense of any such damage or claim.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT MHPT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MHPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY MHPT OR THE FAILURE OF MHPT TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). 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. You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from MHPT’s Membership Fee. THEREFORE, TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, MHPT’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MHPT MAY CONTRACT WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO MHPT THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”)(MOST MONTHLY PAYMENTS WILL USUALLY BE THROUGH ACH TRANSFER). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR MHPT, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF MHPT TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY MHPT. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF MHPT TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY MHPT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT MHPT SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms and Conditions of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Site and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Site and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by MHPT, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms and Conditions of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms and Conditions of Use, or any combination thereof.
CONTACTING US: If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms and Conditions of Service, please contact us at firstname.lastname@example.org. We will address any issue to the best of our abilities.
My Home Project Team collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. My Home Project Team may collect the following information:
- Personal Information
“Personal Information” refers to information that tells us specifically who you are, such as your name, phone number, cellular phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you the services that you may have requested.
- Aggregate Information
We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as ‘cookies’ and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.
- Third Party Information
We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.
- Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that ‘serve up’ webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called “tracer tags”. These may also be referred to as “Pixels”, “Clear GIFs” or “Web Beacons”. This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.
- Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, My Home Project Team does not recognize DNT.
Use of Information
The information My Home Project Team collects is used in a variety of ways, including
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or other service providers (collectively “Service Providers”);
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Disclosures and Transfers of Information
We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through My Home Project Team platform.
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for My Home Project Team to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with My Home Project Team;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our My Home Project Team Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis (“Administrative Service Providers”), including Administrative Service Providers outside the country or jurisdiction in which you reside.
We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
Choice: Accessing Your Information and Opt-in/Opt-out Requests
To help you review, edit, and control how we use much of the information we collect about you, you can visit your “Manage My Accounts” webpage. On the “Manage My Accounts” webpage, you can update certain information. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.
You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an email to email@example.com or by writing us at Help Desk, My Home Project Team LLC 1465 E19th St Brooklyn NY 11230 specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within thirty (30) days of the date on which we receive the request.
Data Security, Integrity, and Access
The Personal Information you provide and we collect is stored within databases that we control directly or through our highly regarded and expert Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal Information may only be accessed by persons within our organization or any other party that you have provided us with authorization to share such information with.
We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. My Home Project Team may assign you a user ID and a password when you register as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your “Accounts” webpage.
Credit Card Information
We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.
Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.
Third Party Websites and Links
Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, My Home Project Team would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties’ privacy policies. While we support the protection of our customer’s privacy on the Internet, My Home Project Team expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
My Home Project Team does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. My Home Project Team relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.
We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.
Governing Law; Visitors Residing Outside the United States
Your California Privacy Rights
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Your Nevada Privacy Rights
You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.
How To Contact us
Attn: Privacy Officer
My Home Project Team LLC
1465 E19th St.
Brooklyn, NY, 11230
We welcome your questions and comments.