Agreement

 

Greetings and welcome to TheHomeUpgradeHub, henceforth referred to as "Company," "we," "us," or "our." Before you embark on using our Website, we kindly ask you to pause for a moment and familiarize yourself with the following terms and conditions, collectively known as the "Agreement." This document represents a legally binding agreement. Your submission of any information on this Website implies your acceptance of these terms and conditions. The Agreement delineates the rules governing your use of the Website and the products and services offered through or associated with it, collectively referred to as the "Service." Please be aware that these terms may be revised periodically by us without prior notice. Additionally, we may present other services, each subject to its own set of terms and conditions. It is essential to carefully read and agree to all the terms and conditions specified in this Agreement and the incorporated Privacy Policy, which is referenced herein, before making use of the Service. If you find yourself in disagreement with any of the terms and conditions, kindly refrain from accessing or using the Service.

​

Terms of Use

​

By utilizing TheHomeUpgradeHub's website, you consent to adhere to and comply with these Terms and Conditions along with the provided Privacy Policy, incorporated herein. When you enter the required information, our technology will transmit your details to one of our participating providers or an aggregator and their providers may contact you regarding your service or product request. This may occur automatically, and a new window may appear, or the provider may directly contact you via telephone, email, or mail, as outlined below. Please note that we are not responsible for any actions taken after leaving this website. Upon entering a participant's website linked to this site, it is essential to carefully review their Privacy Policy and Terms and Conditions before submitting personal information, as they may differ from ours. By using this website and registering, you expressly grant permission to share information collected on this platform with third parties and permit them to contact you via mail, email, text messaging, or telephone. Registration and use of this website constitute a purchase, inquiry, and/or application under the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Even if your phone number is on the Federal Trade Commission's Do-Not-Call List, you authorize us to contact you via telemarketing in accordance with the ATSR. Additionally, by registering or requesting information from a third-party provider through this website or other advertising media provided by us, you agree that such actions constitute a purchase, inquiry, and/or application for the purposes of the ATSR, and you may be contacted by the third-party provider via email, direct mail, and/or telemarketing in accordance with the ATSR. If at any time you do not wish to be bound by these conditions or are dissatisfied with the website, its content, or other legal notices, your sole and exclusive remedy is to discontinue using this website, and you may opt-out using the method provided below. You further affirm that: (i) you are at least 18 years old and possess the legal authority to enter into an agreement and use the website in accordance with these Terms and Conditions; (ii) all information supplied by you is true and accurate; (iii) you understand and agree that TheHomeUpgradeHub may share personally identifiable information with its vendors, sponsors, providers, service providers, and marketers, among others, as described in the posted Privacy Policy; (iv) abuse of this website may result in denial of access; (v) TheHomeUpgradeHub controls only the landing page and intake forms, and a participating provider will contact you directly after providing the requested information; and (vi) your use of the services on this website is subject to applicable federal, state, and local laws and regulations. Additionally, you grant permission to receive periodic updates of services and products through email, mail, or telemarketing. Providers may retain the information you submit, whether or not you use their services. If you no longer want to receive communications from a provider, you agree to notify the partner directly.

​

OFFERED SERVICES

​

TheHomeUpgradeHub is an online network marketplace. When you submit a request through the website, we share your personal information with participating providers in our network to process and fulfill your request. We do not function as a solar installer, manufacturer, or conduct credit analyses. The participating provider(s) you contract with is solely responsible for its services to you. We are not your agent or broker, and any compensation received is for advertising services provided to the participating service provider. There is no fee charged for using the website. The requirements for a particular service are determined by the participating service providers, and we do not endorse, warrant, or guarantee the products or service providers. This agreement does not constitute an offer or promise for a loan commitment or solar installation. We are not liable for any damages or costs arising from your use of the service provider's services. You also grant permission to receive periodic updates on services and products of interest to you.

​

MODIFICATIONS TO TERMS AND CONDITIONS AND POLICIES

​

The website is an online network marketplace where, upon submitting a request, your personal information is shared with participating providers to process your request. We do not act as a solar installer, manufacturer, or conduct credit analyses. The participating provider(s) you contract with is solely responsible for its services to you. We do not act as your agent or broker, and any compensation received is for advertising services provided to the participating service provider. There is no fee charged for using the website. The requirements for a particular service are determined by the participating service providers, and we do not endorse, warrant, or guarantee the products or service providers. This agreement does not constitute an offer or promise for a solar installation. We are not liable for any damages or costs arising from your use of the service provider's services. You also grant permission to receive periodic updates on services and products of interest to you. Please note that information provided may not be the sole basis for your decision to retain a particular service provider, and their services may not meet your needs. Seek the advice of a professional for an assessment of the proposal provided by the solar installer.

​

REJECTION, TERMINATION, AND CANCELLATION

​

TheHomeUpgradeHub or its participating service provider reserves the right to reject any registration or subsequent application at their discretion. Your registered user status establishes only a customer relationship with TheHomeUpgradeHub, not an employment, independent contractor, agency, or other relationship. You may cancel your request at any time by emailing info@thehomeupgradehub.com.

​

RESTRICTED USER BEHAVIOR

​

A. Prohibited conduct includes actions that, at TheHomeUpgradeHub's sole discretion, restrict or inhibit another user's enjoyment of the website. You are prohibited from accessing private areas of the website or another user's information, as well as impersonating any person or entity. Use of data, content, and information provided on the website that infringes on copyrights, patents, trademarks, trade secrets, or other rights is strictly prohibited. You may not use any data, content, or information that contains or promotes viruses, worms, Trojan horses, or any programming intended to damage or interfere with the website. Harvesting information about users or using automated means, including spiders, robots, or crawlers, is also prohibited. Reselling, sublicensing, transferring, or modifying website content without express written authorization is strictly prohibited. You may not use information obtained from the website to send unsolicited messages or violate applicable laws and regulations.

​

COMMUNICATIONS AND PROMOTIONAL MATERIALS

​

By signing up on the website, you consent to receiving promotions or newsletters from TheHomeUpgradeHub, affiliates, and/or third-party marketers. If you wish to opt-out of these emails, you may use the opt-out mechanism in the received email messages. To opt-out of email promotions from TheHomeUpgradeHub alone, you can use the Opt-Out Page located at the bottom of the website's first page. Exercising the opt-out mechanism only applies to the company with which you exercised that right.

​

EXTERNAL CONTENT/PROMOTIONS, EXTERNAL PRODUCTS, AND EXTERNAL WEBSITE ACTIVITIES

​

The website may display and offer content, promotions, advertisements, and offers from third parties ("Third Party Promotions"), as well as goods and services from third parties ("Third Party Products"). TheHomeUpgradeHub assumes no responsibility or liability for any Third Party Promotion, Third Party Product, or Third Party Website Activity. Participation in or clicking on a Third Party Promotion, purchasing and/or using a Third Party Product, or participating in a Third Party Website Activity is solely at your own risk. Your sole remedy in connection with any Third Party Promotion, Third Party Product, or Third Party Website Activity is with the applicable Third Party offering, and you have no remedy against TheHomeUpgradeHub for such use.

​

AFFILIATION WITH MARKETING PROVIDERS

​

This independent website is not affiliated with any listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this website. Participating service providers are independent third parties, and this website is not acting as a principal, agent, or broker with respect to any providers.

​

LINKED WEBSITES

​

You may link to third-party websites ("Linked Websites") from TheHomeUpgradeHub's website. Linked Websites are not reviewed, controlled, or examined by TheHomeUpgradeHub, and it is not responsible for the content, availability, advertising, products, or other materials on such Linked Websites. Links do not imply endorsement or association with the Linked Websites, and Company is not liable for any loss or damage arising from the creation or use of links to the Linked Websites. Company reserves the right to add, change, decline, or remove features or links to Linked Websites without notice.

​

OWNERSHIP OF INTELLECTUAL PROPERTY

​

The website contains intellectual property owned by TheHomeUpgradeHub and other parties. Company is the sole owner of the website and all materials, including copyrights, patents, trademarks, and trade secrets. You may not download or save website content, except for personal, non-commercial use or records. Modification, copying, publishing, displaying, transmitting, or exploiting any portion of the website content without prior written consent is prohibited. Unauthorized attempts to modify website content, defeat security features, or misuse the website are strictly prohibited.

​

WARRANTY DISCLAIMER

​

TheHomeUpgradeHub is not responsible for incorrect or inaccurate information, whether caused by users or equipment associated with the website. Company assumes no responsibility for errors, interruptions, deletions, defects, delays, or any technical or human error in processing information. The website, including its content, is provided "as is" and "as available," without warranty of any kind. Company disclaims all warranties, including availability, accuracy, appropriateness, reliability, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Company does not warrant that any portion of the website or content will be free of viruses or uninterrupted.

​

LIABILITY LIMITATIONS

​

In no event will TheHomeUpgradeHub, its parents, subsidiaries, partners, agents, affiliates, licensors, service providers, advertisers, successors, assigns, officers, directors, employees, and shareholders be liable for any direct, indirect, special, punitive, incidental, or consequential damages, or any claim attributable to errors, omissions, or inaccuracies on the website or website content.

​

EXEMPTIONS AND RESTRICTIONS

​

Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such cases, liability is limited to the maximum extent permitted by law.

​

SURVEILLANCE OF WEBSITE USAGE

​

TheHomeUpgradeHub may electronically monitor the website and disclose content, records, or electronic communication to satisfy legal processes, operate the website, or protect the rights of users, sponsors, providers, licensors, or merchants.

​

INDEMNIFICATION

​

You agree to defend, indemnify, and hold TheHomeUpgradeHub, its parents, subsidiaries, partners, agents, affiliates, licensors, service providers, advertisers, successors, assigns, officers, directors, employees, and shareholders harmless from any claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your use of the website, information provided by the website, or any violation of these Terms and Conditions by you. You waive all laws limiting the efficacy of such releases.

​

RELEASE

​

You release TheHomeUpgradeHub and its affiliates, partners, service providers, clients, vendors, and contractors, and their respective agents, directors, officers, and employees from any and all claims, complaints, demands, causes of action, liabilities, obligations, legal fees, costs, and disbursements, known or unknown, arising from your use of the service.

​

INTERACTIONS WITH THIRD PARTIES

​

Your business dealings with third parties resulting from the use of this website are solely between you and the third party. TheHomeUpgradeHub is not responsible or liable for any loss or damage incurred in such dealings.

​

RESOLUTION OF DISPUTES

​

This Agreement is interpreted in accordance with the laws of the State of Utah. Disputes, claims, or controversies arising out of or related to the website, dealings with TheHomeUpgradeHub, or this Agreement that are not resolved through negotiation shall be submitted to arbitration before the American Arbitration Association in Salt Lake City, Utah. The costs of arbitration, plus reasonable attorney fees, will be awarded to the prevailing party. Certain disputes, such as those related to proprietary rights or seeking injunctive relief, may be adjudicated in the courts of Utah. You waive the right to bring any claim other than in individual form, including class actions.

​

WAIVER AND SEVERABILITY OF TERMS

​

The failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver. If any provision is found invalid, the parties agree that the court should endeavor to give effect to the intentions reflected in the provision, and other provisions remain in full force.

​

ENTIRE AGREEMENT

​

This Agreement constitutes the entire agreement between you and TheHomeUpgradeHub, superseding any prior agreements. Additional terms may apply to other services, affiliated services, third-party content, or third-party software.

​

STATUTE OF LIMITATIONS

​

Claims arising from the use of the service or this Agreement must be filed within one year after the claim arises or be forever barred.