USER AGREEMENT
By using the services of America Home Today, LLC's ("AHT") website (americahometoday.com and any of its related websites) (the "Site"), you agree to be bound by the following terms and conditions, including all policies and guidelines of the Site which are incorporated herein by this reference. AHT reserves the right to change this User Agreement, or any terms hereof, at any time and in its sole discretion. Any changes to this User Agreement will become effective upon notice and posting to the Site and your continued use of the Site constitutes your acceptance of such changes.
1. Conditions of Use. Use of the Site is conditioned upon the following: you are 18 years old, or older; you can lawfully enter into and form contacts under applicable law; you provide your real name, address, phone number, email address, and credit card or checking account information; you will not post content in an inappropriate category or area of the Site; you are licensed to provide the services you post on the Site; you do not materially change a bid ("bait and switch") or falsify information provided to other users of the Site; you do not manipulate the price or information, or interfere, with other users' information on the Site; you do not manipulate or circumvent the services of the Site; you do not post false, inaccurate, misleading, defamatory, or libelous content; you do not take any action that may undermine the feedback or ratings systems; you do not transfer your AHT account and User ID to another party; you do not copy, modify, or distribute content from the Site; and you do not collect information about other users other than for the purposes provided by AHT.
2. Pledge of Excellence. You agree to accept and abide by AHT's Pledge of Excellence: (1) I will be honest, (2) I will be respectful, (3) I will be complete and timely with my commitments, (4) I will keep my clients informed, and (5) I will perform my service with the utmost integrity.
3. Fees. Your use of the Site is conditioned upon valid payment. Users may purchase a 3 month Pro Profile Subscription to the Site for a one-time payment of $180.00, or 3 equal monthly payments of $69.00. The fee for subsequent months is $69.00 and your contract with AHT will then automatically recur on a month-to-month basis. UNLESS AHT RECEIVES A WRITTEN CANCELLATION PRIOR TO YOUR MONTHLY RENEWAL, AHT SHALL CHARGE YOUR CREDIT CARD OR BANKING ACCOUNT FOR THE NEXT MONTHLY SUBSCRIPTION FEE AND YOUR CONTRACT WITH AHT WILL CONTINUE FOR ANOTHER MONTH TERM. ALL PAYMENTS AND CHARGES FOR SUBSCRIPTION FEES, EXCEPTS AS PROVIDED BELOW, ARE FINAL AND NON-REFUNDABLE. TO AVOID AUTOMATIC BILLING ON THE MONTH-TO-MONTH CONTRACT WITH AHT YOUR WRITTEN NOTICE OF CANCELLATION MUST BE RECEIVED NO LATER THAN 10 DAYS PRIOR TO YOUR MONTHLY BILLING DATE. Notice must be emailed to info@americahometoday.com or mailed to 4760 S. Highland Dr. #232, Salt Lake City, Utah, 84117. A $30.00 fee will be charged for late payments, insufficient funds, or returned checks. If AHT is required to pursue a collection action against your account you agree to pay all costs and attorney fees associated with such action.
4. Liability. AHT provides a platform for service professionals and consumers to find, communicate, and enter into contracts or transactions with each other. AHT is not involved in the contracts or transactions with its users and is not the agent of and has no authority or responsibility of any user for any purpose. AHT does not monitor, regulate, or control information, including feedback, posted by other users. You agree not to hold AHT (and its agents and employees) responsible for other users' actions or inactions, including information and feedback/reviews they post. AHT has no control over and does not guarantee the truth or accuracy of information provided by other users. AHT is not a licensed service professional and does not provide any of the services offered by its users. AHT cannot guarantee continuous or secure access to its Site, and operation of the Site may be interfered with by numerous factors outside of its control. You understand that AHT may temporarily shut down the Site for maintenance or other necessary or prudent business purposes. Your use of the Site is on an "as is" basis. To the fullest extent permitted by law, AHT excludes all implied warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose; and is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Site. If a dispute arises between you and another user, you agree to release and hold harmless AHT from claims, demands, and damages of every kind and nature.
5. Reserved Rights. AHT reserves the right to immediately prevent or restrict access to the Site, or to remove or restrict posted information in the event your posted information is deemed, in AHT's sole discretion, to be objectionable, inaccurate, inappropriate, unlawful, or otherwise prohibited.
6. Site Access and Use. You will use the Site for its intended purposes only. The Site may be used only for lawful purposes and in a lawful manner. You agree that you will not use any robot, spider, other automatic or manual process or device to "screen scrape", monitor "mine", or copy Web pages on the Site or the content contained therein without express written permission. You will not spam any other user of the Site for any reason. You agree that you will not use any devices, software or routine to interfere, or attempt to interfere, with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure. You may not use framing techniques to enclose any of AHT's trademarks, logos, trade names or other proprietary information, including images, frames, content, or layout/design found on any page of the Site without AHT's express written consent.
7. Postings. It is your responsibility to review your posting on the Site on a regular basis for accuracy and completeness. AHT will use its best efforts to post your information on the Site and any changes you submit, however, AHT is not responsible for and assumes no liability for the accuracy, completeness, timeliness, or usefulness of any information posted or changed on your behalf.
8. Privacy. AHT respects the privacy of its users and has created a Privacy Policy explaining users' rights and responsibilities with respect to personal information disclosed on the Site. You agree not to use any information provided you by the Site or AHT for purposes of solicitation, advertising, unsolicited email or spamming, harassment, invasion of privacy, or for any purpose other than entering into and completing the transactions facilitated by AHT. You consent to receive communication from AHT and its affiliates in connection with your listing and services via electronic or other media.
9. Indemnity. You agree to indemnify and hold AHT (its affiliates, agents, employees, suppliers, and third party partners) harmless from any claims, costs, losses damages, judgments, penalties, interest and expenses (including reasonable attorney fees) arising out of any claim related to this User Agreement or any violation by you of this User Agreement.
10. No Agency. AHT is not your agent, and no partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
11. Confidentiality. Subject to the terms and conditions set forth in our Privacy Policy, any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary information. AHT, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. AHT and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.
12. Taxes. It is your responsibility to determine if sales or other taxes are applicable between your transactions with other users. It is your sole responsibility to collect, report, and remit any required taxes to the appropriate tax authority.
13. Payment for Services. It is your responsibility to bid, bill, and collect payment for any services or goods provided. AHT does not guarantee payment from its users and is not responsible for collection of payment or making demand for payment. In the event a user of this Site fails to make payment for services or goods provided AHT bears no liability for such non-payment and your sole recourse shall be with that user.
14. Disputes. Because AHT is not involved in the transactions between its users and is not their agent or partner, AHT will not be involved in resolving disputes between users relating to or arising out of the Site, including, but not limited to, services or goods provided, payment for services or goods, accuracy of information, and feedback or reviews.
15. Intellectual Property. The trademarks, logos, service marks, and content software (collectively "Intellectual Property") are the Intellectual Property of AHT and others. All page headers, custom graphics, button icons and scripts are service marks, trademarks and or trade dress of AHT and may not be copied, in whole or in part, without the prior written permission of AHT. Other than the limited grant of access to and viewing of the Site, AHT grants you no other privileges or rights in any of its Intellectual Property. You acknowledge that any other use of the Intellectual Property, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of AHT, is strictly prohibited.
16. Online Communications. Although AHT may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and the like on the Site, AHT is under no obligation to do so and assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site. AHT assumes no responsibility for checking information posted in discussions, chats, transmissions, bulletin boards or the like on the Site for accuracy.
17. Operating Policy. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. AHT will fully cooperate with any law enforcement authorities or court order requesting or directing AHT to disclose the identity of anyone posting any such information or materials.
18. Review of Communications. AHT reserves the right to review communications and materials posted or uploaded to the Site, and to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive, objectionable or otherwise unacceptable to AHT at its sole discretion.
19. Editorial Policy. AHT reserves the right to alter or delete material from the Site at any time.
20. No Endorsement. Certain links on the Site lead to resources located on servers that are not maintained by AHT or under its control. Such links are provided for user convenience. Access to other Websites linked to the Site is at your own risk. Inclusion on the Site of any link to another Website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by AHT.
21. Applicable Law. This User Agreement shall be governed by the laws of the State of Utah. You agree that any claim or dispute you may have against AHT must be resolved by a court located in Salt Lake County, Utah, and you agree to submit to the personal jurisdiction of the courts located in Salt Lake County, Utah, for the purpose of litigating any claims or disputes arising out of this User Agreement.
22. Entire Agreement. This User Agreement, including any document referenced herein, any policies of the Site, and any Membership Application, constitute the entire agreement of the parties and supersedes all prior agreements, representations, and understandings of the parties.
23. Severability. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from and shall not affect the validity and enforceability of any remaining provisions.
24. Waiver. No act or omission by AHT shall be deemed a waiver of any term or provision of this User Agreement unless such is in writing and signed by an authorized representative of AHT. No delay or omission by AHT in exercising its rights or remedies will be construed as a waiver. AHT's failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of AHT's right to subsequently enforce such provision or any other provisions of this User Agreement.