Last Modified on June 28th, 2021
In order to access the Platform and the services, you represent and warrant that you are older than 18 years old. If you are under 18 years old, then you may not make a purchase on our Platform. If you are under the age of 18, please do not attempt to register with us at this Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at email@example.com.
2. Availability of Services
ACCESS TO AND USE OF THE PLATFORM OR THE SERVICES IS LIMITED EXCLUSIVELY TO USERS LOCATED IN THE STATE OF WISCONSIN OR SUCH OTHER STATES WHERE SERVICES ARE OFFERED. Access to the Platform may not be legal by certain persons or in certain countries. Accessing the Platform or the services from jurisdictions where content is illegal, or where we do not offer services, is prohibited.
3. Transactions through the Platform
We urge all Users to be responsible about their use of this Platform and any transaction entered into as a result of obtaining services for a property. The Platform provides an online marketplace to allow property owners and property managers who use the Platform (each, a “Member”) to obtain services for the property from our business affiliates (each, a “Service Provider” and, collectively with a member, the “Users”) or from Avid Rating’s employees. We do not own or manage, nor can we contract for, any services listed by Service Providers on the Platform. We also may offer other tools or services to allow Users to communicate with and transmit information to each other.
We are not a party to any service agreement or other agreement between Users. As a result, any part of an actual or potential transaction between a Service Provider and a Member, including the quality, condition, safety, or legality of the services advertised, the truth or accuracy of the property registrations or property listings, including the content thereof or any review relating to any Service Provider, the ability of Members to obtain services or the ability of Service Providers to contract with Members are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements (i.e., service agreements, home warranty agreements, etc.), waivers or terms and conditions before purchasing a product or service and the Service Provider or one of its affiliates may place additional restrictions on your product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Platform and provision and receipt of products and services. Users further agree that they are responsible for their use of any tool, service or product offered on or through the Platform and any transaction they enter into on the Platform or in connection with their use of the Platform.
Service Providers who obtain personal information from Members agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
While we do take certain measures with a goal to assist Users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to Users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
4. Ordering and Purchasing of Services
Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us. Once a properly completed order and authorization of your form of payment is received, we will process your order and schedule your services. If, for some reason, we determined that we cannot schedule your services within thirty (30) days following our receipt of a properly completed order, we may elect to cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers, or other customers who intend to resell products or services offered on our Platform.
We accept credit and debit cards issued by U.S. banks (your “payment method”). You and Avid Ratings agree that the payment method you submit may be used automatically by Avid Ratings or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, Avid Ratings may obtain preapproval for an amount up to the amount of the payment. You agree to allow Avid Ratings to securely store your payment method. If you enroll to make recurring payments automatically, all charges and fees will be billed to the payment method you designate during the setup process. You have the right to revoke this authorization by contacting Avid Ratings at firstname.lastname@example.org or call us at (608) 824-2500 at least fifteen (15) days prior to the scheduled payment date. You understand and acknowledge that services may be cancelled or withheld if you revoke this authorization, and that you are still responsible for all charges incurred by you or are otherwise owed to Avid Ratings. This authorization will remain in full force and effect until revoked by you or Avid Ratings. If you want to designate a different payment method or if there is a change in your payment method, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
If you purchase a subscription to our services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by contacting us at (608) 824-2500. If you cancel your subscription, your account will automatically close at the end of your current billing period. Avid Ratings may change the price for your Platform subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Platform after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change going into effect.
All sales are final. Avid Ratings does not offer refunds on services purchased.
6. Eligibility; Platform Access, Security and Restrictions; Passwords
You are responsible for maintaining the confidentiality of your Account, username and password, and you must not disclose it to any other person or entity. You agree to accept responsibility for all activities that occur with your permission or authorization under your Account, username and/or password, or because you fail to maintain sufficient security over your Account, username and/or password. You agree to notify Avid Ratings immediately of any unauthorized access to or use of your Account, user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER AVID RATINGS NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH AVID RATINGS AND OTHER USERS.
7. Electronic Communications
When you use the Platform or services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Avid Ratings may contact you by telephone, mail, or email to verify your Account information. Avid Ratings may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform and the services until you provide the information to us as requested.
8. Consent to Receive Calls and Text Messages
By providing your mobile number, you are agreeing to be contacted by or on behalf of Avid Ratings at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform and services. Message and data rates may apply. For help, reply to our text with the word HELP. To stop receiving text messages, reply to our text with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Platform features and certain services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
The Avid Ratings name, the terms “HOMEKEEP”, the Avid Ratings logo and all related names, logos, product and service names, designs and slogans are trademarks of Avid Ratings or its affiliates or licensors. You must not use such marks without the prior written permission of Avid Ratings. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
10. Ownership of Platform and Related Materials; Restrictions
The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Avid Ratings, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Avid Ratings without our express written consent.
You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of Avid Ratings.
11. Reliance on Information Posted
We try to be as accurate as possible when describing the products and services on the Platform; however, we do not warrant that the service or product descriptions, information or other content available on the Platform are accurate, complete, reliable, current, or error-free. The information presented on or through the Platform is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. Avid Ratings disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform may contain typographical errors or inaccuracies and may not be complete or current. Avid Ratings reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
This Platform may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Avid Ratings, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Avid Ratings. Avid Ratings and its affiliates are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Third Party Links
13. Prohibited Uses
You must not use the Platform to harm others or the Platform itself. You agree not to: (a) use the Platform in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) access or use the Platform to build a similar or competing service, website, or application; (c) reverse engineer any portion of the Platform; (d) use the Platform for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (e) collect or store personal data about other account users or attempt to gain access to other user accounts or otherwise mine information about the Platform or the users of either; (f) use any robot, spider, or other automatic device, process or means, to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (h) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; or (i) use any device, software, or technology to attack the Platform or otherwise attempt to interfere with the proper working of the Platform.
14. Intellectual Property
Avid Ratings retains all right, title, and interest in and to the Platform, the services and any information, products, documentation, software, or other materials on the Platform, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Platform licensed by Avid Ratings. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Avid Ratings trademarks, service marks, and logos are strictly prohibited without the prior written permission of Avid Ratings. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Platform. Nothing contained on the Platform should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Platform without the written grant thereof by Avid Ratings or the third party owner of such trademarks, service marks, or logos. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow.
In the event that you provide comments, suggestions, enhancements or recommendations to the Platform, products or services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the products and services) (collectively, “Feedback“). We always appreciate your Feedback and other suggestions about our products and services; however, you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. In accordance with this, you hereby grant to Avid Ratings a world-wide, royalty free, irrevocable, perpetual license to use Feedback for any purpose whatsoever.
16. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Avid Ratings is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 8, above (Consent to Receive Calls and Text Messages). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “Contact Us.”
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Avid Ratings products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Avid Ratings and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Avid Ratings and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Avid Ratings or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
17. Linking to the Platform and Social Media Features
18. Monitoring and Enforcement; Termination
Avid Ratings does not undertake to review the material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Avid Ratings assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Avid Ratings has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
19. Disclaimer of Warranties
AVID RATINGS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THIS PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE AND SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. AVID RATINGS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PLATFORM AND SERVICES, AND LINKED WEBSITES. AVID RATINGS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
YOU ACKNOWLEDGE THAT THE SERVICES YOU OBTAIN THROUGH THE PLATFORM RELY ON THIRD PARTY PRODUCTS, PARTS, AND SERVICES, AND THAT AVID RATINGS DOES NOT AND CANNOT GUARANTEE THAT RECEIPT OF SERVICES THROUGH THE PLATFORM WILL CORRECT, REPAIR, OR PREVENT MALFUNCTION OF ANY THIRD PARTY PRODUCTS.
WARRANTIES RELATING TO CERTAIN PRODUCTS OR SERVICES OFFERED, SOLD, SERVICED, MAINTAINED, OR REPAIRED THROUGH THE PLATFORM ARE SUBJECT TO SEPARATE WARRANTIES AND TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE MANUFACTURER, SUPPLIER, OR OTHER THIRD PARTIES WITH THE APPLICABLE PRODUCTS OR SERVICES. AVID RATINGS IS NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES OR ANY THIRD PARTY OR MANUFACTURER OR SUPPLIER WARRANTIES OR WARRANTY OR REPAIR PROGRAMS. AVID RATINGS DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE. THE SERVICING, MAINTENANCE, REPAIR, OR SALE OF THIRD PARTY PRODUCTS AND SERVICES THROUGH THE PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OF SUCH THIRD PARTY PRODUCTS OR SERVICES BY AVID RATINGS.
20. Limitation on Liability
IN NO EVENT WILL AVID RATINGS, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM, OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY ASPECT OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF AVID RATINGS, AND ITS AFFILIATES TO YOU WITH RESPECT TO THE PLATFORM, OR SERVICES OR YOUR USE OF THE PLATFORM, OR SERVICES IS $5.00 (FIVE DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
22. Force Majeure
24. Governing Law
You and Avid Ratings Are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the Platform, will be resolved exclusively and finally by binding arbitration.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send Avid Ratings, by certified mail, a written notice of your claim (a “Notice”) to PO Box 5527, Madison, WI 53705. If Avid Ratings initiates the arbitration, it will send such Notice to you in accordance with this section. A Notice, whether sent by you or Avid Ratings, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and Avid Ratings do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Avid Ratings may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You may download or copy of form Notice and a form to initiate arbitration at https://www.adr.org. If you are required to pay a filing fee, after Avid Ratings receives the Notice at the address listed above that you have commenced arbitration, Avid Ratings will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for the filing fees.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Avid Ratings last written settlement offer made before an arbitrator was selected (or if Avid Ratings did not make a settlement offer before an arbitrator was selected), then Neighborhood goods will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
You agree to an arbitration on an individual basis. In any dispute, neither you nor Avid Ratings will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
26. Limitation on Time to File Claims
28. Entire Agreement