Upon requesting a free estimate, entering your name, phone number, email address and zip code, through the Modernize Web site, you will be contacted by a representative to put you in touch with local service providers. At Modernize we are committed to making your total experience a positive one. Upon entering your information and the request for which you would like a service professional, we will have local service professionals in your area either call and/or email you about fulfilling your service need. Additionally, we will be emailing you a list of those contractors, so you are aware of who will be contacting you.
No Guarantees or Endorsements
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 skills or representations of such service professional, the quality of the job that he or she may perform for you if you elect to retain their services, or the price he or she may charge. Modernize does not endorse or recommend the services of any particular service professional. It is your decision whether 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. The service professionals are not employees or agents of Modernize, nor is Modernize an agent of the service professionals. Modernize does not perform, and is not responsible for any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly.
: MODERNIZE MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY SERVICE PROFESSIONALS, AND MODERNIZE SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, AND THE CONDUCT OF ANY THIRD-PARTY SERVICE PROFESSIONAL IN CONNECTION WITH SUCH OFFERS OR SALES.
Information You Provide Us
By completing a service request, you agree that you are entering into a business relationship with Modernize and its partners and therefore agree to be contacted by Modernize and/or its partners. You promise, warrant, and guarantee that all information you provide will be current, accurate, complete, and truthful. If you provide any information that is outdated, inaccurate, incomplete, or untruthful, Modernize has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Modernize has the right to stop your use of Modernize’s services. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Modernize for any such damages, and will indemnify Modernize in the event of any third party claims against Modernize based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Modernize Web site and services at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Modernize in its sole discretion that you are misusing or attempting to misuse or circumvent the Modernize 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, Modernize 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.
Notice Specific to Documents and Information Available on This Website
Modernize authorizes you to use documents (such as press releases, datasheets, content, informational items, and FAQs) from its website so long as (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear; (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. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Modernize. Use for any other purpose is expressly prohibited. Documents specified above do not include the design or layout of the Modernize website or any other Modernize owned, operated, licensed or controlled site. Elements of the Modernize website 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 Modernize website may be copied or retransmitted without the express consent of Modernize.
: WE TRY TO KEEP MODERNIZE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE SAFE, UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
MODERNIZE MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY SELLERS ON THE WEBSITE, AND MODERNIZE SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD-PARTY SELLER IN CONNECTION WITH SUCH OFFERS OR SALES.
Service Professional Procedures
Modernize allows service professionals to post profiles about themselves and their business on the Modernize Web site. Modernize does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the service professional.
The above procedures may change from time to time at the sole discretion of Modernize. Modernize believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Modernize advises consumers to check these matters for themselves especially at future dates. Modernize does not represent or warrant that the information received 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 Modernize 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.
: MODERNIZE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO ANY PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN ANY PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT ANY SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN ANY SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
Limitation of Liability
MODERNIZE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 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.
NEITHER MODERNIZE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES.
You agree to fully indemnify, defend, and hold Modernize, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees and costs), and other expenses that arise directly or indirectly from your actions, including but not limited to:
1. Violations of this Agreement.
2. Your violations of any rights of third parties, including service professionals.
3. Your use of the Modernize website.
4. Any other activities in connection with this website or other websites to which this website is linked.
Modernize makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: 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 (800) 952-5210.
Dispute Resolution/Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration the then current rules and procedures of the American Arbitration Association. You may only bring claims against Modernize in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding.
The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in at a mutually agreeable location, but no more than 60 miles from Austin, Texas, and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in Texas. Venue will lie exclusively in Austin, Texas. For the sake of clarity, nothing in this paragraph shall affect Modernize’s ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
1. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability of any remaining provisions.
2. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or
oral agreements between you and us with respect to such subject matter.
3. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with
Modernize’s prior written consent, and any attempted assignment, transfer, delegation, or sub-license shall be null and void.
4. Modernize may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
5. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
6. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any
section or provision hereof.
This Website is Operated By:
Effective __March 30, 2015_________________
Last modified as of __March 30, 2015______________