Platform’s Terms of Service
Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. Platform appreciates the importance of providing a secure environment on its website and will take all reasonable and customary steps to protect the information User provide. Please use all means to protect your personal information, particularly if User are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.
Intellectual Property Ownership
All information and content contained on or in the Platform, including but not limited to text, images, video, audio and data are owned by and proprietary to Platform, its vendors and/ or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Document are reserved solely to Platform, its vendors and/ or licensors. Except as otherwise specifically stated in this Document, User may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of Platform. Any unauthorized use by User may subject you to penalties or damages. Platform will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.
Use of Platform
User may not use Platform for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. User may not use the Platform or any of its content for competitive reasons nor may you resell or redistribute Platform content without prior express written consent of management at Platform. User may not attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Platform, any data or content found on or accessed through the Platform without prior express written consent of management at Platform.
User may not use the Platform to obtain or attempt to obtain through any means any materials or information on the Platform that has not been intentionally made publicly available either by public display on the Platform or through accessibility by a visible link on the Platform. User may not use the Platform in a manner that would violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems, or networks connected to any server associated with the Platform, through hacking, password mining or any other means. User may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. User may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Platform, any activities conducted on or through the Platform or any servers or networks connected to the Platform, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Platform.
Telephone Consumer Protection Act Compliance
Digital Millennium Copyright Act
If User believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, User may provide notice of your claim to Platform Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your notice to be effective, it must include the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. A description of the copyrighted work that User claim has been infringed upon; 3. A description of where the material that User claim is infringing is located; 4. Information reasonably sufficient to permit Platform to contact User, such as an address, telephone number, and, if available, an e-mail address at which User may be contacted; 5. A statement by User that User have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate and, under penalty of perjury, that User are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your user content or other information has been affected by reason of a notification under the DMCA, User may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. User will be liable for damages (including costs and attorneys’ fees) if User materially misrepresent that your user content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with us, User must provide us with a written communication sent to Platform’s Designated Agent identified above that sets forth the following items: 1. An identification of the URLs or other unique identifying information of material that Platform has removed or to which Platform has disabled access; 2. Your name, address, telephone number, email address, and a statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that User will accept service of process from the person who provided notification under the DMCA or an agent of such person; 3. A statement, under penalty of perjury, that User have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your physical or electronic signature.
Use of this Site at Own Risk
User acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither Platform nor any other party involved in creating, producing, or delivering Platform, including the content and information contained in Platform, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys’ fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video, or audio from Platform, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
User acknowledge and agree that while Platform will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in the Platform website are based upon current information, Platform cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN Platform AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL Platform BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF Platform HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Platform’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO Platform, REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT Platform DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY Platform. YOU AGREE THAT Platform IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY Platform AND YOU WAIVE ALL SUCH CLAIMS AGAINST Platform AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.
User agree to indemnify and hold harmless Platform, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Document by User (ii) any content, data or material that you submit, post or otherwise provide to Platform or on Platform.
Unlawful Content and Behavior
User acknowledge and agree that User will not post or transmit to Platform any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Platform or other parties may be involved in creating, producing or delivering Platform, may monitor or review transmissions, postings, or discussions, Platform assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
User acknowledge and agree that although Platform may be linked to other websites, Platform neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in Platform. Platform has not reviewed all websites linked to Platform, is not responsible for the content of any other website linked to Platform, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by User to any other websites is at Your own risk.
Application of Laws
User acknowledge and agree that although the information and materials on the Platform website may be read throughout the world, Platform is designed and intended for use in the United States and use of Platform by User will be construed and evaluated according to the laws of the United States. If User access Platform from another country, User are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where User access the website, the information is not meant for User. Platform makes no representation that the information and materials contained in Platform are appropriate outside the United States. User agree that in the event that any dispute arises under this Document or Your other use of Platform or the Service, the laws of the State of Wyoming shall apply without resort to its choice of law provisions or rules. User also agree to submit to the personal jurisdiction of the state and federal courts located in Wyoming and further agree that the states and federal courts located in Wyoming shall be the exclusive venue for the resolution of any dispute between Platform and User.
This Document is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Document.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of Platform.
If any part of this Document shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Document.
Platform PRIVACY STATEMENT
This privacy statement covers Platform. Because Platform wants to demonstrate its commitment to our users’ privacy, it has agreed to disclose its information practices: What personally identifiable information Platform collects, what personally identifiable information third parties collect through the Web site, what organization collects the information, how Platform uses the information, with whom Platform may share user information, what choices are available to users regarding collection, use and distribution of the information, what types of security procedures are in place to protect the loss, misuse or alteration of information under Platform control, and how users can correct any inaccuracies in the information.
If users have questions or concerns regarding this statement, they should first contact Platform Customer Support via the online contact form mentioned at the bottom of the page.
Information Collection and Use
Platform is the sole owner of the information collected on Platform. However, information voluntarily submitted to forms on Platform will be shared with other companies in order to serve our customers. This information may be shared with and/or sold to one or several contractors or third party providers, as well as companies contracted to work with Platform for the purposes of lead qualification/verification. Platform may also use user information internally to present other relevant offers to our users.
Platform collects information from our users at several different points:
Users entering This Site from external websites through creative including widgets, ad banners, ad text, or any other advertising creative may be directed to signup-form landing pages. These landing pages may serve a variety of purposes, including collecting user information for the purpose of being passed on to qualified home services installation partners or home services lead aggregators, offering free home service estimates in exchange for the user’s email address, or other variations on this theme. Users of Platform ALWAYS have a choice to participate and submit their information onto Platforms web forms.
In order to use some features of This Website, a user must first complete the registration form. During registration a user is required to provide contact information (such as name and email address) as well as certain information regarding a user’s home and energy usage. Platform may use this information to contact the user, via email, direct mail or telephone, about services on our site for which he has expressed interest. Platform may provide this contact information to contractors and other third party service providers and home improvement lead aggregators who can help fulfill your information/service request.
Third Party Communications
As stated above, Platform may provide the user’s contact information to contractors and to other third party service providers and home improvement lead aggregators who can help fulfill the user’s information/service request. Accordingly, these third parties may directly contact the user (via email, direct marketing, or telemarketing) about (i) the user’s information/service requests through Platform and/or (ii) their own products and services. Please see the Opt-out section for how to opt out of receiving these communications.
We store information that we collect through cookies and log files to create a profile of our users. A profile is stored information that we keep on individual users detailing their home improvement project preferences. Consequently, collected information is tied to the user’s personally identifiable information to provide the quote service and improve the content of Platform for the user. This profile is used to tailor a user’s service from Platform and may be used to direct pertinent Platform marketing promotions to them. We may share your profile with third party service providers in order to enhance your user experience and our services.
What’s a cookie?
A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time.
If the user has not registered with Platform, deleting cookies means that the user may be unable to restore information from a previous session. There are a number of software and shareware programs available that are designed to periodically purge cookie files from the user’s hard disk. We do not recommend these applications and, as such, cannot address any resulting support issues that may be related to the use of these programs.
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/ time stamp, and number of clicks to analyze trends, administer Platform, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Special Offers and Updates
We send users email notifications of various events relating to the use of Platform. Established members will occasionally receive information on products, services, special deals, and/or a newsletter. During the sign up process, we do present the option note to receive these types of communications. Please see the Choice and Opt-out sections.
If a user wishes to subscribe to our emails, we ask for contact information such as name and email address. Out of respect for our users, we provide a way to unsubscribe from/opt-out of these communications in each message we send.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if The Website’s service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Platform may communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.
Though Platform makes every effort to preserve user privacy, Platform may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Platform.
Sharing of Information
Platform does not sell or otherwise disclose information about our website visitors, except as described here. Platform may share the information you provide with contractors and other third party service providers and lead aggregators in order to help fulfill your information/service request. Please note that these third parties with whom Platform shares your information may (i) use such personal information for their own purposes (including commercial purposes) as set forth in their respective privacy policies or (ii) may disclose or dispose of your information to other third parties in the course of their own business. Users may opt out of this use by contacting these third parties directly. The opt-out terms for these third parties will be governed by their respective privacy policies. In addition, we may disclose information about you (i) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or (ii) if this is necessary to protect the vital interests of Platform or a person.
In the event Platform goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be a part of the assets transferred.
We may use third party analytics vendors to evaluate and provide us with information about the use of our services. We do not share Personal Information with these third parties, but they may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information.
We may also use third party redirects, which will redirect you through a third party server before redirecting to the final landing page. On this redirect, the third party may place its own cookies, pixel tags and similar technologies on your device (e.g., for purposes of retargeting) and collect or have access to information about you, including Usage Information.
Platform’s users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for information.
Users who no longer wish to receive Platform’s emails and/or promotional communications may opt-out of receiving these communications by clicking the “opt-out” or “unsubscribe” links present on all communication sent from Platform.
Upon a user’s request, Platform can (i) provide the user with a list of all the companies to whom we have provided your contact information pursuant to Platform and (ii) provide the user the categories of information shared with the third parties. Although the user’s information may be submitted to a contractor or third party immediately after the user’s information is submitted, the user may opt-out from future information sharing or additional contact from Platform by emailing us directly at [email protected] Note if the user’s information has already been shared with a contractor or third-party, the user will have to opt out by contacting each contractor or third party directly (or opt out upon receiving communication from them). Platform will make a good faith effort to assist the user in this request. Please note that this service is free to the consumer; however, we are only required by law to respond to one request per year.
If the user receives a commercial email from one of our third parties, the user may be able to unsubscribe by following the instructions at the bottom of each email. If the user wants to opt-out from all communications from these third parties, the user may opt out of this use by contacting these third parties directly.
This Web site contains links to other sites. Please be aware that we, Platform, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Surveys & Contests
From time-to-time Platform requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used [shared with the contest [survey] sponsors] to notify the winners and award prizes. Anonymous Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties.
If a user elects to use Platform’s referral service for informing a friend about our site, Platform asks them for the friend’s name and email address. Platform will automatically send the friend an mail inviting them to visit Platform. Platform does store this information for the sole purpose of sending emails and tracking the success of our referral program. The friend may may opt-out of receiving these communications by clicking the “opt-out” or “unsubscribe” links present on all communication sent from Platform.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done by responding to emails we send out or emailing our Customer Support at [email protected]
Notification of Changes
In some cases where Platform post a notice Platform will also email users, who have opted to receive communications from Platform, notifying them of the changes in our privacy practices.