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WindowHelper Terms of Use

26th August, 2009

Welcome to www.WindowHelper.com (the "Website"). The following terms of use ("Terms of Use") govern your use of the Website. It is vitally important that you read the Terms of Use carefully as your use of the Website and the services and goods provided through our Website will constitute your agreement to be legally bound by the terms and conditions set forth in these Terms of Use.

If for any reason you do not agree to these Terms of Use in their entirety, you may not use the Website or the services provided by the Website.

We may amend these Terms of Use from time to time. If you continue to use the Website and/or the services provided by the Website after the amendments become effective, you are deemed to have agreed to be bound by the Terms of Use as amended. If you do not agree to the amended Terms of Use, then you agree not to use the Website and the services provided by the Website.

To use this Website and the services, you must be of legal age to enter into a binding contract and not be prohibited from using the Website or the services by the laws of the jurisdiction from which you access the Website or the services.

1. Our Service

WindowHelper provides various content related to home improvement and repair and connects consumers with contractors (the "Service"). WindowHelper owns and retains all intellectual property rights in the Service and the WindowHelper content. While WindowHelper is not required to screen content accessible through links on the Service, WindowHelper reserves the right to do so and to remove any such links at any time.

2. Use of the Services.

The information contained within this Website is provided by WindowHelper and is intended for consumer and informational use only. You agree that you will not reproduce, duplicate, copy, sell, trade or otherwise exploit the Services for any commercial purpose. Content may be reproduced for non-commercial purposes only as long as WindowHelper is notified of such usage.

Your use of the Service is subject to all applicable laws and regulations. You acknowledge and agree to all of the-then current terms of our privacy policy as set forth on the Website and as updated from time to time by WindowHelper in its sole discretion.

You are solely responsible for the products or services you buy through the Service. By providing links to other sites, WindowHelper does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to WindowHelper.

You must not: (a) directly or indirectly, interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (b) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content on the Website without our prior expressed written permission; (c) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (d) use or disclose (to anyone except WindowHelper) any confidential information you obtain from WindowHelper, (e) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, use a false email address, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (f) send any unsolicited e-mail or advertising to any known user.

WARNING: Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly careful when dealing with electricity. Moreover, always use common sense. You are using the Website and the content thereon at your own risk (see Disclaimers below).

3. Contractor Matching Service.

In using WindowHelper's contractor matching service, you acknowledge that WindowHelper is not acting as your general contractor, agent, or advisor. Therefore, it is your sole responsibility to select a contractor and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the contractor's and your own insurance coverage requirements.

WindowHelper does not recommend or endorse any specific service provider, provide advice on which service provider to select, or screen any individual service provider's personal credit or legal standing.

We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the application or installation skills of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Your rights under contracts you make with service professionals typically are governed by your state and local laws. Should you have a dispute with any service professional, you must address such dispute to the service professional directly, and you hereby agree to release WindowHelper (and our employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier who may employ the WindowHelper matching utility) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals.

WindowHelper relies on electronic data provided by third parties and on statements made by service providers and their references to determine which service providers to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a service provider's record may have occurred which were not captured by the third party data sources used. WindowHelper does not guarantee that any service provider has licensing or insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the service provider may cancel the insurance without WindowHelper's knowledge. Unless otherwise specifically stated, WindowHelper does not endorse any product or service described in, offered on, or linked to WindowHelper's websites.

4. Content You Submit.

By posting or submitting content on or to the Service, including, without limitation, commentary, customer reviews, testimonials, feedback and messages on our blog (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you grant WindowHelper and its affiliates, agents and third party contractors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, display, publish, publicly perfom, publicly display and distribute any content you submit, post or display through the Services. You agree that any content you submit may be republished anywhere on our Website without your prior consent, including, but not limited to, our monthly newsletter and blog. Your content may also be referenced in other publications and marketing materials not affiliated with WindowHelper. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license to WindowHelper. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to or infringes or misappropriates third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WindowHelper all of the rights granted herein; (ii) publish falsehoods or misrepresentations; (iii) use the Service for any illegal purpose or submit material that is unlawful, obscene, harmful, tortious, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post personal identity information such as credit card numbers, or (v) post advertisements or solicitations, including income opportunities, unless you have received our prior express written consent. WindowHelper reserves the right to remove or not publish submissions without prior notice.

If you are a copyright owner or agent thereof and believe that user content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. �� 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent can be reached at:

By mail:
WindowHelper.com
Attn: Copyright Agent
950 Tower Lane, 6th floor
Foster City, CA 94404
By fax: 650-350-1423

5. Your Requests for Information.

We may reject any request for information for any reason or no reason, including, without limitation, if a request (i) does not appear legitimate, (ii) is not filled out in its entirety, or (iii) is determined by WindowHelper to violate any of these Terms of Use.

Your contact information will be retained by WindowHelper, however, except as set forth herein and in our privacy policy, we will not sell your information to any third parties. You will receive communications by email to confirm your request and to later provide us with feedback. You may also receive e-newsletters and special promotions from WindowHelper, but you may opt to be removed from these distributions at anytime as set forth in our privacy policy.

6. Links.

WindowHelper and its affiliates provide links to external websites or resources to sign up for products and services provided by third parties, or for your convenience and reference. WindowHelper and its affiliates do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against WindowHelper or its affiliates arising out of your use of external websites or resources.

7. Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. WindowHelper EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NEITHER WindowHelper, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT AND SERVICE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR INFORMATION WILL BE KEPT PRIVATE AND CONFIDENTIAL (EXCEPT AS SET FORTH IN WindowHelper'S PRIVACY POLICY). YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

FOR THE AVOIDANCE OF DOUBT, WindowHelper WILL BEAR NO LIABILITY FOR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICE. FURTHERMORE, WindowHelper DOES NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OF ITS PARTNERS.

8. Limitation of Liability.

WindowHelper AND ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS AND ASSIGNS (THE "WindowHelper PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, IDENTITY THEFT, OR OTHER INTANGIBLE, EVEN IF THE WindowHelper PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WindowHelper PARTIES' COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THESE TERMS OF USE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES, IF ANY. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT.

9. Indemnification

You agree to indemnify and hold each of WindowHelper, its affiliates, officers, directors, employees, partners, representatives, contractors, successors and assigns harmless from any claim or demand, including attorneys' fees, arising out of your use of the Website or the Service or your violation of our Terms of Use, or the infringement by you, or any other subscriber of your message board account, of any intellectual property or other right of any person or entity.

10. Termination.

If you breach any provision of the Terms of Use, you may no longer use the Service. You may cease using the Services at any time.

WindowHelper may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person.

If WindowHelper terminates the Terms of Use for any reason, the Terms of Use will continue to apply and bind you with respect to your prior use of the Service. Upon termination, WindowHelper may remove from the Website and permanently delete and destroy any content that you or others may have posted or submitted without any prior notice or liability to you or any other person.

11. Miscellaneous.

Nothing in these Terms of Use is intended to or will create any form of partnership, joint venture, agency, or employment relationship between the parties. You may not assign these Terms of Use, by operation of law or otherwise, without the prior written consent of WindowHelper. These Terms of Use shall inure to the benefit of and be binding upon you and WindowHelper and your and our respective successors and permitted assigns. The failure of either party to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If a court of competent jurisdiction declares any provision of these Terms of Use to be invalid or unenforceable, the remainder of these Terms of Use will continue in full force and effect. These Terms of Use shall be construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You and WindowHelper agree to submit to the exclusive jurisdiction of the state courts located in San Mateo County, California and the federal courts located in the Northern District of California, with respect to disputes hereunder. The following sections shall survive termination of the Terms of Use: 3, 4, and 6 through 11. These Terms of Use constitute the entire agreement between you and WindowHelper relating to the subject matter hereof and supersede all prior agreements relating to the subject matter hereof.


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