Redbeacon Consumer Terms of Service
(Effective Date: February 10, 2014)
Thank you for your interest in Redbeacon.com, an Internet platform ("Website") owned and operated by Red Beacon, Inc., a Delaware corporation ("Redbeacon," "we," or "us"). Redbeacon provides consumers (collectively, "Consumers," and individually, "Consumer" or "you") an online venue to locate and solicit quotes from professionals in various lines of work and commerce (collectively "Pros"). By registering on the Website, you become a Consumer at no cost and will have the ability to seek quotes for services. References to Websites shall include, but are not limited to, any and all uses of Redbeacon.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
1. Acknowledgement and Acceptance
1.2 Amendments. You acknowledge and agree that Redbeacon may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly in Redbeacon's sole discretion. Your continued use of the Website after any changes are made to this Agreement shall constitute your consent to such changes. Redbeacon does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of the Agreement.
2. Use and Age Restrictions
Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the Redbeacon Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website.
3. Referral Services
3.1 Redbeacon 1.0. “Redbeacon 1.0” is the standard Redbeacon referral service available to Consumers through the Website in select areas in Redbeacon’s sole discretion, and provides the following referral services:
3.1.1 Service Requests – Redbeacon 1.0. Upon registration with Redbeacon, a Consumer may submit through the Website a request for quotes for service or work ("Service Request") from Pros. Consumers must provide required information (e.g., what they want done, when they want it done, where they want it done) to submit a valid Service Request. All Service Requests posted through the Website must be lawful and not in violation of any city ordinance, state, local or federal law. A submitted Service Request should be descriptive enough to allow a Pro to ascertain the necessary details to submit a fully informed offer to provide the requested services ("Quote"). After submission of a Service Request, Redbeacon will inform Pros with Skill Profiles (defined below) that match the services requested by Consumer. However, Redbeacon does not and cannot guarantee that there will be Pros who are capable of or willing to complete the requested services at the time and place requested or that Consumer will receive Quotes from Pro(s).
3.1.2 Quotes – Redbeacon 1.0. A Quote can be submitted by a Pro in two forms: (1) a flat fee quote, or (2) an onsite estimate quote. A flat fee quote is used when a Service Request is specific enough to allow a Pro to provide an accurate quote, which can include both material and labor costs when and if applicable, without an onsite visit. An onsite estimate quote is used when a Pro is only able to provide a proposal or quote for a job upon completion of an onsite visit.
3.1.3 Quoting Period – Redbeacon 1.0. A Service Request includes a period of time in which Quotes may be submitted ("Quoting Period") by Pros; however, a Consumer may accept a Quote at any time, thereby ending the Quoting Period before the fixed amount of time has passed. A Quote from a Pro may be canceled or retracted up until the point when the Consumer accepts the Quote and the Service Request becomes a "Won Job."
3.1.4 Exclusions from Redbeacon 1.0. Any section of this Agreement that is specific to Redbeacon 2.0 or 3.0 does not apply to the Redbeacon 1.0 referral service. All other sections of this Agreement are in full force and effect.
3.2 Redbeacon 2.0. “Redbeacon 2.0” is available only in select areas in Redbeacon’s discretion, and provides the following referral services:
3.2.1 Pro Requests – Redbeacon 2.0. Upon registration with Redbeacon, a Consumer may submit through the Website a request for Pros to contact the Consumer ("Pro Request") concerning desired services or work. To submit a valid Pro Request, Consumers must provide required information (e.g., what services the Consumer wants, the type of services/work, and the Consumer’s zipcode). Upon receipt of a Pro Request, Redbeacon selects qualified Pros, from its database, and provides information concerning the Pros’ Skills Profiles (defined below) to the Consumer. The Consumer may select two or more Pros to receive the Consumer’s telephone number. Consumer may also use Redbeacon’s Pro directory to select a single Pro to contact Consumer. The selected Pro(s) contact the Consumer via telephone to discuss the Consumer’s service needs. When a Pro contacts a Consumer, the Pro is acting on the Pro’s sole behalf and is not a representative or agent of Redbeacon or The Home Depot. Redbeacon does not and cannot guarantee that there will be Pros who are capable of or willing to complete the requested services at the time and place requested or that Consumer will receive calls from all selected Pro(s). All Pro Requests must be lawful and not in violation of any city ordinance, state, local or federal law.
3.2.2 Exclusions from Redbeacon 2.0. Any section of this Agreement that is specific to Redbeacon 1.0 or 3.0 does not apply to the Redbeacon 2.0 referral service. All other sections of this Agreement are in full force and effect.
3.3 Redbeacon 3.0. “Redbeacon 3.0” (also known as “Redbeacon Lite”) is available only in select, rural Home Depot U.S.A., Inc. (“The Home Depot”) stores, in Redbeacon’s discretion, and provides the following referral services:
3.3.1 Pro Requests – Redbeacon 3.0. By using a The Home Depot computer portal at select, rural The Home Depot stores, a Consumer may submit through Redbeacon’s Website a request for Pros to contact the Consumer ("Pro Request") concerning desired services or work. To submit a valid Pro Request, Consumers must provide required information (e.g., what services the Consumer wants, the type of services/work, and the Consumer’s zipcode). Upon receipt of a Pro Request, Redbeacon will provide Consumer with a list of Pros with Skill Profiles that match the services requested by Consumer. From the list, Consumer chooses the Pro(s) with whom Consumer would like to communicate further. Consumer may select two or more Pros to contact, or the Consumer may opt to provide Consumer’s telephone number for submission to the selected Pro(s). The selected Pro(s) contact Consumer via telephone to discuss the Consumer’s service needs. A Consumer may obtain an in-store printout of the Pro listing or, by providing a valid email, may have the Pro listing emailed to the Consumer. When a Pro contacts a Consumer, the Pro is acting on the Pro’s sole behalf and is not a representative or agent of Redbeacon or The Home Depot. Redbeacon does not and cannot guarantee that there will be Pros who are capable of or willing to complete the requested services at the time and place requested or that Consumer will receive calls from all selected Pro(s). All Pro Requests must be lawful and not in violation of any city ordinance, state, local or federal law.
3.3.2 Exclusions from Redbeacon 3.0. Any section of this Agreement that is specific to Redbeacon 1.0 or 2.0 does not apply to the Redbeacon 3.0 referral service. All other sections of this Agreement are in full force and effect.
3.4 Agreement with Pro. When a Pro contacts a Consumer, the Pro is acting on the Pro’s sole behalf and is not a representative or agent of Redbeacon or The Home Depot. If Consumer accepts a Quote or agrees to use the Pro’s services after submitting a Pro Request, Consumer and Pro enter a binding legal agreement for the Pro to perform services and the Consumer to pay the Pro for the services rendered. Any agreement entered between the Consumer and Pro is solely between the Consumer and Pro, and Redbeacon and The Home Depot are not parties to such agreement. Redbeacon and The Home Depot are not and will not be parties or third-party beneficiaries to any agreements entered into by and between Consumer and Pro. Accordingly, please consider carefully before your agree to a Pro’s offered services.
3.5 Intellectual Property. By posting a Service Request or Pro Request, you represent that the request and services sought do not infringe on the intellectual property of any third party, including, but not limited to, the work product of a design professional or unauthorized reproduction of any other consultant, material supplier, or manufacturer. Your description of the request and services sought must be truthful and accurate. Any Service Request or Pro Request posted on the Website: (a) shall not be fraudulent; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Redbeacon requires Pros to post a profile ("Skill Profile") on the Website. Redbeacon does not review or verify the information or representations set forth in those Skill Profiles, as they are self-reported by the Pros. Although Redbeacon may take certain steps to examine the credentials of Pros, Redbeacon makes no guarantees, promises, warranties or representations of any kind regarding the skills or representations of such Pros if you elect to retain their services.
4.1 Background Checks. Mandatory, comprehensive background checks are performed on the Pro's principal/owner named during the Pro's registration with Redbeacon before joining Redbeacon's Pro network and periodically thereafter. Redbeacon's background checks search for relevant criminal background, sex offender background, and social security verification for the principal/owner of the Pro business. Background checks on the principal/owner of the Pro business reflect that individual's background at the time of the search. Accordingly, Redbeacon does not and cannot warrant that the background check is up-to-date or current. Further, background checks are not applicable to any Pro employees or workers except the principal/owner of the Pro business named by the Pro during registration.
4.2 Licensing. Pros are requested to post licensing information in their Skill Profiles. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Consumers are responsible for determining which licenses, if any, are required for their requested services. Before you proceed with a project, you should confirm all licensing requirements with your state and local authorities and your selected Pro. Redbeacon always recommends that you ask the Pro to provide you with a copy of their license(s).
4.3 Insurance and Bonding. Pros may post information and documents concerning insurance policies and/or bonds covering their operations. While Redbeacon does not verify this information, Pros are required to warrant that the information they submit is complete, accurate and current. Before you proceed with a project, you should confirm the Pro’s existing insurance coverages and limits.
4.4 Relationship between Redbeacon and Pro. Redbeacon and Pro are separate entities and the employee of one of those entities is not an employee of another entity. Redbeacon is not an agent of Pro and vice versa. Redbeacon and its affiliated companies provide only a referral service to Pro. In no event will Redbeacon be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pro or any of its affiliates or their respective personnel.
4.5 Consumer Verification. You should verify that the information presented by the Pro, including the information in the Pro's Skill profile, is accurate. Redbeacon does not verify all information or documents provided by Pros and expressly disclaims any guarantees or warranties concerning such information. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF PROS, TO INVESTIGATE AND TO DETERMINE, AMONG OTHER THINGS, WHETHER PROS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE INSURANCE OR BONDING AT APPROPRIATE LIMITS. REDBEACON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER FROM STATE, PROVINCIAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH AGENCIES AND THIRD PARTY SOURCES.
4.6 No Warranty or Endorsement of Pro Services. Redbeacon does not endorse or recommend the services of any particular Pro. The decision to enter into an agreement for work belongs entirely to the Consumer. Redbeacon does not warrant the Pro's performance on the job OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. Redbeacon does not CONTRACT FOR OR perform, and is not responsible for, any of the services requested by the Consumer in the Service Request OR PRO REQUEST. You expressly acknowledge and agree that your use of the Website is at your sole risk. REDBEACON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PRO OR THE PRO’S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST OR PRO REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT REDBEACON MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
5. Payments to Pro
5.1 Redbeacon 1.0.
5.1.1 Payment Process Service. Upon registration with Redbeacon, Consumer may link an active bank account, debit card, credit card or other authorized method to make online payments to Consumer’s Redbeacon account. Consumer must create a Redbeacon account before submitting a Service Request. Redbeacon may limit a Consumer’s use of the Website’s payment process services within Redbeacon’s sole discretion. When Consumer does not make payment through the Redbeacon payment process service, Consumer shall be solely responsible for making payment arrangements directly with Pro.
5.1.2 Pro Invoices. Payments for a Won Job will be due upon Consumer’s receipt of an invoice from Pro indicating that the Pro’s work has been completed. Upon receipt of Pro’s written invoice, Consumer must make payment for the work completed by Pro through its Redbeacon account, or otherwise, pursuant to the terms of Consumer’s agreement with Pro. Consumer may be required by its agreement with Pro to pay a deposit to Pro prior to Pro’s commencement of the work.
5.1.3 Pro Charges. Consumer should be aware that Pro may charge interest or a late fee for late payments made by Consumer to Pro. Redbeacon shall not be liable for any claims made by Consumer relating to, or arising out of, charges to a Consumer’s Redbeacon account authorized by Consumer’s agreement with Pro.
5.2 Redbeacon 2.0.
5.2.1 Payment Process Service. Upon registration with Redbeacon, Consumer may link an active bank account, debit card, credit card or other authorized method to make online payments to a Pro through Consumer’s Redbeacon account. Consumer must create a Redbeacon account before submitting a Pro Request. Redbeacon may limit a Consumer’s use of the Website’s payment process services within Redbeacon’s sole discretion. When Consumer does not make payment through the Redbeacon payment process service, Consumer shall be solely responsible for making payment arrangements directly with Pro.
5.2.2 Pro Charges. Consumer is solely responsible for paying the Pro for any work completed in accordance with the Consumer’s agreement with Pro. Consumer may be required by its agreement with Pro to pay a deposit to Pro prior to Pro’s commencement of the work. Consumer should be aware that Pro may charge interest or a late fee for late payments made by Consumer to Pro. Redbeacon shall not be liable for any claims made by Consumer relating to, or arising out of, charges to a Consumer’s Redbeacon account authorized by Consumer’s agreement with Pro.
5.3 Redbeacon 3.0. Redbeacon’s Payment Process Service is not available for Redbeacon 3.0 referrals unless initiated by the Pro. Redbeacon may limit a Pro’s use of the Website’s payment process services within Redbeacon’s sole discretion. Consumer is solely responsible for making payment arrangements directly with Pro and for paying the Pro for any work completed in accordance with the Consumer’s agreement with Pro. Consumer may be required by its agreement with Pro to pay a deposit to Pro prior to Pro’s commencement of the work. Consumer should be aware that Pro may charge interest or a late fee for late payments made by Consumer to Pro. Redbeacon shall not be liable for any claims made by Consumer relating to, or arising out of, charges to Consumer authorized by Consumer’s agreement with Pro.
6. Redbeacon Guarantee
6.1 Redbeacon 1.0.
6.1.1 Redbeacon 1.0 Referral Service Guarantee. Redbeacon does not, and cannot, guarantee the work, materials supplied, or services rendered by the Pro. Redbeacon has no obligation or relationship whatsoever to the Consumer with regard to the provision of work, material or services by the Pro. However, Redbeacon offers Consumers a referral service Guarantee in Redbeacon 1.0 ("Redbeacon Guarantee 1.0"). The Redbeacon Guarantee 1.0 is intended to restore Consumer’s confidence in the referral services provided by Redbeacon. The Redbeacon Guarantee 1.0 does not cover faulty workmanship of the Pro and damages to your product or property that arise from or relate to the services of the Pro.
6.1.2 Eligibility Requirements for Redbeacon Guarantee 1.0. In the event that a Consumer and Pro are unable or unwilling to agree upon a resolution pursuant to Section 6.4 below, the Consumer may be eligible, in Redbeacon’s sole and absolute discretion, for the Redbeacon Guarantee 1.0 aimed at rectifying Consumer’s dissatisfaction with Redbeacon’s referral. To be eligible for the Redbeacon Guarantee 1.0, the Consumer must:
Have supplied Redbeacon with any requested written documentation of Consume r’s claim, complaint or dispute, including, without limitation, any documents relating in any way to the quality of Redbeacon’s referral; and
Have complied with any request by Redbeacon for a third party evaluation of any service, materials, or work performed by a Pro .
In order for the Redbeacon Guarantee 1.0 to be in effect, all aspects of the transaction between Consumer and Pro must go through the Redbeacon platform, INCLUDING WITHOUT LIMITATION, PAYMENT PROCESSING BETWEEN THE CONSUMER AND PRO. If you do not comply with this Agreement, or if you misrepresent the transaction or provide incomplete information, then the Redbeacon Guarantee 1.0 shall be null and void.
6.1.3 Redbeacon Guarantee 1.0 Payment Limit. In the event that the above conditions are met by the Consumer, Redbeacon may make payment to Consumer up to $1,000. Redbeacon reserves the right, in its sole discretion, to determine the Redbeacon Guarantee 1.0 amount.
6.1.4 Not Insurance or Security for Pro’s Performance. The Redbeacon Guarantee 1.0 is not insurance nor security for the performance of work, services, or materials supplied by Pro.
6.2 Redbeacon 2.0.
6.2.1 Redbeacon 2.0 Referral Service Guarantee. Redbeacon does not, and cannot, guarantee the work, materials supplied, or services rendered by the Pro. Redbeacon has no obligation or relationship whatsoever to the Consumer with regard to the provision of work, material or services by the Pro. However, Redbeacon offers Consumers a referral service Guarantee in Redbeacon 2.0 ("Redbeacon Guarantee 2.0") valid for thirty (30) days after the Pro completes THE services or work performed within the scope of the Pro Request. The Redbeacon Guarantee 2.0 is intended to restore Consumer’s confidence in the referral services provided by Redbeacon. The Redbeacon Guarantee 2.0 does not cover faulty workmanship of the Pro and damages to your product or property that arise from or relate to the services of the Pro.
6.2.2 Eligibility Requirements for Redbeacon Guarantee 2.0. In the event that a Consumer and Pro are unable or unwilling to agree upon a resolution pursuant to Section 6.4 below, the Consumer may be eligible, in Redbeacon’s sole and absolute discretion, for the Redbeacon Guarantee 2.0 aimed at rectifying Consumer’s dissatisfaction with Redbeacon’s referral. To be eligible for the Redbeacon Guarantee 2.0, the Consumer must:
HAVE CONTACTED REDBEACON IN WRITING TO REQUEST THE REDBEACON GUARANTEE 2.0 WITHIN THIRTY (30) DAYS OF THE PRO’S COMPLETION OF THE SERVICES OR WORK PERFORMED WITHIN THE SCOPE OF THE PRO REQUEST;
Have provided accurate and truthful information in the Pro Request and in any other communications with the Pro and Redbeacon;
Have entered into an agreement with the Pro for work within the scope of the Pro Request;
Have supplied Redbeacon with any requested written documentation of Consumer’s claim, complaint or dispute, including, without limitation, any documents relating in any way to the quality of Redbeacon’s referral; and
Have complied with any request by Redbeacon for a third party evaluation of any service, materials, or work performed by a Pro .
If you do not comply with this Agreement, or if you misrepresent the transaction or provide incomplete information, then the Redbeacon Guarantee 2.0 shall be null and void.
6.2.3 Redbeacon Guarantee 2.0 Payment Limit. In the event that the above conditions are met by the Consumer, Redbeacon may make payment to Consumer up to $500. Redbeacon reserves the right, in its sole discretion, to determine the Redbeacon Guarantee 2.0 amount.
6.2.4 Not Insurance or Security for Pro’s Performance. The Redbeacon Guarantee 2.0 is not insurance nor security for the performance of work, services, or materials supplied by Pro.
6.3 Redbeacon 3.0. Redbeacon does not provide a Redbeacon Guarantee for referrals obtained through Redbeacon 3.0.
6.4 Agreement to Communicate with Pro. Consumers dissatisfied with a job performed by a Pro agree to initiate communication with the Pro to resolve any problems. If direct communications and efforts between the Consumer and the Pro do not satisfy Consumer’s concerns, Consumer may contact Redbeacon in writing to express dissatisfaction with the Consumer’s referral experience. In response, Redbeacon may contact Consumer and Pro to facilitate further communication regarding Consumer’s dissatisfaction. However, Redbeacon is not responsible or liable to either the Consumer or the Pro if a mutually acceptable resolution is not reached.
7. Interactions and Disputes with Pros
With exception of the Redbeacon Guarantee where applicable, Redbeacon will not directly participate in the resolution of any disputes between Consumers and Pros (collectively "Users") and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
7.1 Relationship Between Pros and Consumers. CONSUMER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH PROS. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY PRO, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY. REDBEACON IS NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PROS.
In exchange for the referral service provided by redbeacon and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you expressly agree to release Redbeacon, its officers, directors, affiliates, parent companies, employees and agents from any claims, demands, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Pros.If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
9. No Warranties
REDBEACON MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS WEBSITE FOR ANY PURPOSE. REDBEACON DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. REDBEACON CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. REDBEACON SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. REDBEACON SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. REDBEACON MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
10. Limitations of Liability
IN NO EVENT SHALL REDBEACON, its officers, directors, affiliates, parent companies, employees AND/OR agents BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, PRO OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. REDBEACON IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS. REDBEACON EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, REDBEACON USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Content on Website
11.1 Proprietary Rights. This Website and the material within it, with exception of User Content as defined below, are © 2012 Homer TLC, Inc. ("Homer TLC"). Viewing this Website creates a copy of Redbeacon materials in your computer's random access memory and/or your hard drive and/or in your proxy server. The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the "Intellectual Property") of Homer TLC and Redbeacon. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
11.2 Copyright Policy. Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. Redbeacon can remove any User Content you post on the Website if it violates this statement. If you believe that your work has been copied and posted on the Website in a way that constitutes infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the interest; a description of the work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. Copyright Agent for notice of claims of infringement can be reached as follows: Red Beacon, Inc., Attention: Legal, 4000 East 3rd Street, 3 rd Floor, Foster City, CA 94404.
11.3 Content. Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of Redbeacon or the party posting such content. Redbeacon reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
11.4 Reliance on Content, Etc. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by Redbeacon, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. Redbeacon does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Redbeacon or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
11.5 Documents and Information Available on this Website. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Website is granted, provided that (1) the Copyright Policy above and this paragraph are included with such documents, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Redbeacon Website or any other Redbeacon owned, operated, licensed or controlled site (the "Redbeacon Websites"). Elements of Redbeacon Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Redbeacon Website may be copied or retransmitted unless expressly permitted by Redbeacon.
11.6 Information You Provide to Redbeacon. Upon using or registering for an account on the Website, you will be prompted to disclose certain information about yourself and your service requirements if you request services. Some of this information will be sent to Pros, who will need this information to respond to you or to other persons or entities in connection with the Website. By providing this information to Redbeacon, or by submitting a Service Request or Pro Request, you are requesting, and you expressly consent to having details of your Service Request or Pro Request sent to Pros. You further consent to Redbeacon's use and display on the Website of anonymous data records from information collected from your Service Request or Pro Request, including your first name and the nature of the services you requested in your city. Such information helps other Consumers and Pros evaluate and utilize Redbeacon’s services.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
In the event that you provide Redbeacon with any feedback regarding the Redbeacon service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), you hereby assign to Redbeacon all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
11.7Content Posted by You on the Website. You understand and agree that Redbeacon may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Redbeacon, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by Redbeacon will not infringe or violate the rights of any third party. You grant Redbeacon and sublicensees the right to use the name that you submit in connection with such content, if they choose. Redbeacon takes no responsibility and assumes no liability for any content posted by you, any User or third party.
You are solely responsible for the User Content that you post on the Website or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Redbeacon or to any User. If information provided to Redbeacon, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Redbeacon of such change.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. Redbeacon reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, User Content that:
is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false or misleading (including with respect to the identity of the party who will perform a Won Job);
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
violates state and/or local consumer protection laws.
Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with any and all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. Redbeacon reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
You acknowledge that a violation of the foregoing User Content provisions could result in significant damages, and you agree that you are liable to Redbeacon for any such damages. We reserve the right to revoke your access to the Website and services at any time. With exception of information that is generally accessible to the public, all information about Pros is confidential and for your personal use only. If it is determined or suspected by Redbeacon in its sole discretion that you are misusing or attempting to misuse or circumvent the Redbeacon services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Redbeacon 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.
11.8 Modifications to Website. Redbeacon reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Redbeacon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
11.9 Blocking of IP Addresses. In order to protect the integrity of the Website, Redbeacon reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
11.11 Disclaimers. Redbeacon is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. Redbeacon is not responsible for the conduct, whether online or offline, of any Consumer, Pro or other third-party users of the Website. Redbeacon assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Redbeacon is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will Redbeacon or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Redbeacon Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Redbeacon Websites are provided "AS-IS" and Redbeacon expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Redbeacon cannot guarantee and does not promise any specific results from use of the Redbeacon Websites.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Redbeacon makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
11.12 Links. The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website. Because Redbeacon has no control over such sites and resources, you acknowledge and agree that Redbeacon 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 Redbeacon 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 the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
12. Termination of Account
This Agreement will remain in full force and effect while you use the Website and/or are a Consumer of Redbeacon. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to Red Beacon, Inc., 4000 East 3rd Street, 3 rd Floor, Foster City, CA 94404 or email notice of termination to firstname.lastname@example.org. If you terminate your account, your account will be disabled within 14 days. Redbeacon may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to Redbeacon. All decisions regarding the termination of accounts shall be made in the sole discretion of Redbeacon. Redbeacon is not required to provide you notice prior to terminating your account. Redbeacon is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.
13. Redbeacon Customer Care Representative
Redbeacon may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that Redbeacon may monitor and/or record any telephone calls between you and Redbeacon.
14. Jurisdiction and Choice of Law
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Superior Court of Cobb County, Georgia or U.S. District Court for the Northern District of Georgia, Atlanta Division, for the resolution of any such dispute.
15. DISPUTE RESOLUTION
At the sole option of Redbeacon, any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Website shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator/AAA. Redbeacon may elect, in its sole discretion, not to use arbitration for any individual Claim that you properly file and pursue in court. IF ARBITRATION IS CHOSEN BY REDBEACON WITH RESPECT TO A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Consumer agrees to indemnify, defend and hold harmless Redbeacon, its parents, subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney's fees, resulting from or arising out of any act or omission of Consumer, except to the extent such loss is caused by Redbeacon’s sole negligence.
17. No Third Party Beneficiaries
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Redbeacon and the Consumer, any benefit, right or remedy.
The following provisions shall survive termination of the Agreement: Agreement with Pro, No Warranty or Endorsement, Interactions and Disputes with Pros, Release, No Warranties, Limitations of Liability, all provisions in the Content on Website section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, Indemnification, No Third Party Beneficiaries, and Survival.