This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.hlsservices.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated on 11/15/2008.
1. HLS SERVICES, LLC. At HLS we are committed to making your total experience a positive one. Upon entering your information and product and/or service request, we will provide you a means of contacting a professional(s) or a company in your area, if any, who may be interested in fulfilling your need.
However, we do not guarantee that we will be able to match your needs with a professional(s), and/or a company, or that there are professionals or companies in your area that either are capable or willing to complete your needs. We make no guarantees or representations regarding the skills or representations of such professional(s) and/or companies, or the quality of the product(s) or service(s) that he or she may perform for you and/or sell to you, if you elect to retain their services and/or purchase their goods and/or materials. It is entirely up to you to enter into a direct contract or otherwise reach agreement with the professional(s) and/or companies, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. It is entirely up to you to purchase goods and/or materials, and we do not guarantee the performance or quality of any purchased goods and/or materials. The professionals and/or companies are not employees or agents of HLS Services. HLS Services does not perform, and is not responsible for, any of the services requested by you in your service request. HLS Services does not sell goods and/or materials and is not responsible for any of the goods or materials requested by you in your product request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts or sales, and by applicable federal, state, provincial and local laws. Should you purchase goods and/or materials from a company, your rights as a consumer are protected by applicable federal, state, provincial and local laws and not the responsibility of HLS Services. Should you have a dispute with any service professional and/or company, you must address such dispute with the service professional and/or company directly, AND YOU HEREBY AGREE TO RELEASE HLS SERVICES, LLC (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS) 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 OR COMPANIES FROM WHICH YOU PURCHASE GOODS AND/OR MATERIALS.
2. INFORMATION YOU PROVIDE TO US. Upon using HLS Services, LLC services, you will be prompted to disclose certain information about yourself and your service and/or purchasing requirements. Some of this information will be sent to service professionals and/or companies who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service and/or product request, and/or any requests for information, you expressly consent to being contacted by us and by our service professionals and/or companies and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service and/or product and/or information request and our business, including marketing related emails. HLS Services does not rent, sell or otherwise distribute personal information, including but not limited to: your name, address, phone number or email address. You agree that by completing a service, and/or product, and/or information request, you are entering into a business relationship with HLS Services and its partners and thus agree to be contacted by HLS Services and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HLS Services has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HLS Services has the right to refuse any current or future use of the HLS Services services (or any portion thereof) by you.
3. YOUR USE OF HLS SERVICES, LLC SERVICES. You acknowledge and agree that your use of the HLS Services services is for your personal or business use. You agree that all of the content and information posted on the HLS Services Web site, including but not limited to narratives, images, logos, and articles are the sole and exclusive property of HLS Services, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your use relating to your request(s). You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HLS Services for any such damages, and will indemnify HLS Services in the event of any third party claims against HLS Services based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the HLS Services Web site and services at any time. All information about service professionals, and/or goods and/or materials, is confidential and for your use only. If it is determined or suspected by HLS Services in its sole discretion that you are misusing or attempting to misuse or circumvent the HLS Services services or system, or are using or attempting to use them for any inappropriate, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, HLS Services 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.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HLS SERVICES, LLC AND ITS SERVICE PROFESSIONAL, AND/OR COMPANIES, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN ANY OR ALL REQUEST(S), INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HLS SERVICES AND EACH HLS SERVICES SERVICE PROVIDER AND/OR COMPANY WHO ACCEPTS SUCH REQUESTS, FOR ANY AND ALL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
4. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. No modifications of any Documents on the HLS Services website may be made. HLS SERVICES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HLS SERVICES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HLS SERVICES WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HLS SERVICES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
5. LINKS TO THIRD PARTY SITES. The links in the HLS Services Web site will let you leave HLS Services’ Web site. The linked sites are not under the control of HLS Services and HLS Services is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. HLS Services is not responsible for webcasting or any other form of transmission received from any linked site. HLS Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HLS Services of the site.
6. SERVICE PROFESSIONAL AND/OR PARTNER COMPANY DISCLAIMERS. HLS Services does not pre-screen service professionals and/or companies selling goods and/or materials. It is up to you to confirm, search, or otherwise investigate each service professional and/or company selling good and/or materials for concerns including, but not limited to:
Licensing - We recommend you confirm licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. We always recommend that you ask the business to provide you with a copy of their license.
Insurance/Bonding - HLS Services does not confirm general liability coverage for service professionals. We recommend you verify that the business has such insurance.
State Business Filings - For business types that require a Secretary of State filing, we recommend that you verify that the company is in good standing with the state in which it is located.
Criminal Records Search – We recommend that use a 3rd party to conduct a criminal search for any relevant criminal activity associated with the owner/principal of the business you wish to hire.
Sex Offender Search - We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search.
Legal Search for Civil Judgments – HLS Services does not check legal information in reference to the principal/owner of the business for significant state-level civil legal judgments entered against the principal/owner by business customers, or for bankruptcy filings by or against the principal/owner. We recommend that you use 3rd party data sources that records legal information about such judgments.
7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY HLS SERVICES, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF HLS SERVICES SERVICES OR IN CONNECTION WITH THE HLS SERVICES WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
18. GENERAL PROVISIONS. You acknowledge and agree that HLS Services services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HLS Services 's sole obligation to you or any third party for any claim arising out of your use of HLS Services services or the HLS Services Web site, is that you are free to discontinue your use of HLS Services services or the HLS Services Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HLS SERVICES, LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HLS SERVICES, LLC SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HLS SERVICES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of HLS Services 's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HLS Services to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HLS Services services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely in the State of New Jersey and between New Jersey residents. You agree to submit to jurisdiction in New Jersey and that any claim arising under these Terms and Conditions will be brought solely in a court in Monmouth County, New Jersey.
© 2008 HLS Services, LLC. All rights reserved.
TERMS AND CONDITIONS