Terms and Conditions
These Terms and Conditions outline the rights and obligations of the host and users of this Website.
Your use of this Website and any of the information contained within this Website is subject to and governed by these Terms and Conditions.
Your acceptance of these Terms and Conditions is a prerequisite and precondition requirement prior to your authorized use of this Website. Therefore, by using this Website, you hereby acknowledge your consent and agreement to all the terms herein.
The Privacy Policy and any other policies referenced herein or contained within this Website are incorporated into these Terms and Conditions by this reference. You agree to read these Terms and Conditions before using this Website, and agree to these Terms and Conditions as a condition precedent to using this Website. If you do not agree to these Terms and Conditions, then you should not use this Website.
1. Intellectual Property. The information contained on this Website is proprietary and protected under federal and state intellectual property laws. Therefore, you are strictly prohibited from reproducing any material contained in this Website. You may use informational content existing on this Website so long as you include our Copyright notice on any material re-published, and provided it is only for personal use and is not for a business or commercial purpose, and/or is not re-broadcasted or published over the internet or any other manner of mass media, and/or has not been modified. Any other distribution of any of the informational content on this Website requires our express written permission. Use of the informational content existing on this Website for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
2. User Consent. By using this Website, you agree that your use is lawful, and will not in any way violate these Terms and Conditions and does not harm Mind My Manor, CatCo Properties, LLC, Mind My Services, LLC, Weblinx, Inc., or these entities’ affiliates, licensees, resellers, distributors, service providers, advertisers and/or suppliers or any customer thereof, or other users of this Website, as determined in our sole discretion. Nothing contained within these Terms and Conditions shall be construed as granting to any user a license under any copyright, trademark, patent or other intellectual property right of this Website, Mind My Manor, CatCo Properties, LLC, Mind My Services, LLC, Weblinx, Inc.
3. User Misuse. We reserve the right, in our sole discretion, to terminate, suspend or restrict your access to this Website, unilaterally and without notice, in the event you violate any of these Terms and Conditions. If we learn of a violation of these Terms and Conditions, we may, in our sole discretion, either issue a warning, suspend or terminate any service or registration, remove the offending content, or take any action which we deem reasonable and which is authorized by law. We also reserve the right to cooperate with any third-party investigations of alleged illegal or improper activity related to the Site.
4. Rights between Users. Whether a contract or agreement is entered into between a service provider and a consumer is up to said parties. Any services which are contracted for or provided are between the consumer and the provider, as we do not perform any of the services ourselves. Additionally, we have no employer/employee or agency/principal relationship with any of the providers on this Website. The rights that the parties (consumer and service provider) have under any contract entered into between them are governed by that contract and all applicable laws. If there is a dispute between the parties, then it is up to the parties to resolve the dispute between each other.
5. Content and Use Restrictions. You acknowledge and agree that you are accessing and utilizing this Website at your own risk, such that you will be solely responsible for any damages incurred by you or your computer through your use of this Website. As this Website exists on the internet, it has inherent risks of pilferage, misuse, viruses, and infringement. By using this Website, you assume all responsibilities and risks associated with the internet.
You further agree that you will not disrupt the functioning of this Website or otherwise act in a way that interferes with other users’ use of this Website.
We reserve the right to revise or reject any content on this Website at any time and for any reason. This includes efforts to prevent the introduction of viruses or other hostile code or ensure compliance with laws and our guidelines, procedures and technical requirements or otherwise.
We further reserve the right to revoke your access to this Website and all services offered therein at any time. You agree that all content contained on this Website, whether generated by us, our service providers, or by users is the exclusive property of this Website. As such, you acknowledge and otherwise agree that you will not reproduce, post, publish, or otherwise use such information other than for your personal purposes as it pertains to carrying out the purposes of this Website, and further acknowledge and agree that a violation of the foregoing could result in significant damages to which you would be liable to us for any and all damages available in law or equity, and will also indemnify us in the event of any third party claims are made against us based on or arising from your violation of the foregoing, including the payment of reasonable attorneys fees.
We are under no obligation and do not assume any obligation to monitor the information posted on this Website by users and third parties. You do agree and acknowledge that we may monitor this website in order to protect the users of this Website and comply with all applicable laws, regulations, and requests from governmental authorities.
The information about the users of this Website is confidential but has been published on this Website for your personal use in order to fulfill the features and services of this Website. If we suspect or determine that you are misusing or attempting to misuse or circumvent any of the content, features, or services of this Website, or are otherwise using or attempting to use content, features, or services of this Website for any inappropriate, non-personal, or commercial purposes, then we reserve the right, without notice to you, to immediately terminate your access and initiate appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including all equitable remedies.
Upon registering with this Website, you will be prompted to disclose certain personal information. The use of this information is governed by our Privacy Policy set forth on this Website. By providing personal information to us, you expressly consent to being contacted by us, whether by phone, facsimile, e-mail, or U.S. Mail, at any of your contact numbers or addresses, for whatever reason we deem appropriate so long as it relates to your use of this Website, and even if you are listed on any federal, state, or other applicable "Do Not Call" list. If such contact is for our own marketing purposes, then you may expressly opt out of receiving such notices by following the explicit instructions for doing so.
Upon providing your personal information, you hereby agree that all information tendered is accurate, current and truthful to the best of your knowledge. If you do knowingly provide any information that is untrue, not current or incomplete, or if we otherwise have a reasonable basis to suspect that such information is untrue, inaccurate, not current or incomplete, we may ban you from any current or future use of this Website. If you allow others to access this Website under your registration, we are not responsible for any misuse or abuse occasioned as a result of such access, and reserve the right to ban you from any current or future use of this Website.
If you knowingly or willfully provide false information about yourself to us, in your registration, or in a posting on this Website, then you agree to fully indemnify us in defending any claim relating to such false information, and you understand that you could be liable to us, one of our service providers, or another, unrelated party or user for damages in law and equity.
6. Disclaimers of Use and Content. We strive to have this Website meet all the needs of consumers and home maintenance service providers. You hereby consent, acknowledge, and otherwise agree that the services contained within this Website are provided to you on an “as is” basis, without any warranties, whether express or implied, including, but not limited to, warranties of title, merchantability, and fitness for a particular purpose. You further consent, acknowledge, and otherwise agree that your sole and exclusive remedy for any claim arising out of your use of this Website is that you may cancel or discontinue your registration, subscription, or use of this Website at any time.
We neither warrant nor guarantee that all consumer searches for providers will result in a match of service needs with a service provider or that there are providers in a particular geographic area who service said area. Moreover, we do not warrant or guarantee the skills or representations of the providers or the quality of the work of the provider. Nor do we endorse or recommend the services of any particular provider.
We further do not warrant or guarantee that all providers who register with this site will be selected, retained or hired by a homeowner. Nor do we warrant or guarantee that consumers who select, contract with, or otherwise retain a service provider have done so with the good faith intentions of paying for such services or have the financial capability to pay for such services.
We make no representation or warranty about the suitability of the information contained on this Website. All the information contained on this Website is provided “as is” and is thus not warranted, either express or implied, in any regard. As such, we disclaim all warranties with regard to the content of this Website, including the warranties of merchantability and fitness for a particular purpose.
This Website does contain references and/or links to certain products, services and other website links from third parties which are not under our control, but rather are simply included for convenience to our users or for commercial purposes. The mere existence and presence of these references do not constitute or imply our endorsement of any of these products, services or third party websites. We also do not make any representation as to the usability, functionality, quality, legality, decency, or any other aspect of these references contained on this Website.
This Website also contains profiles of service providers which are created by the providers themselves. Although we do review all content of every profile before posting the profile on this Website, we do not verify the accuracy of the information contained within each provider’s profile, and therefore recommend before working with a service provider that you verify the information directly with said provider.
As part of our registration process for service providers to post profiles on this Website, we do require providers to certify whether they are licensed, insured and bonded, and whether their employees have undergone criminal background checks. While these requirements are not necessarily mandatory for all providers to adhere to before they engage in commercial activity, we do encourage confirmation directly with the provider to ensure compliance. As these certifications are made by the service providers themselves, we do not warrant and represent that the certifications are accurate, and therefore disclaim any and all liability associated with any misrepresentation by a service provider in the registration certification process. Further, the certification requirement is only imposed on a service provider at the time of initial registration with this Website. As such, we do not guarantee that the certification information is accurate at the time a service provider’s profile is viewed, and therefore recommend that before working with a service provider, you verify that the information contained within the service provider's profile is still current or otherwise acceptable to you.
This Website does allow consumers to post reviews of service providers, which we review before publishing on the site. While we do employ our own internal procedures from restricting certain multiple reviews from users, we do not warrant or represent that the reviews are authentic or legitimate. We also reserve the right to refuse to post a review, or to remove a review if we determine that the review contains inappropriate content, defamatory material, has no pertinence to the services of the provider, or otherwise violates our own standards. Prior to posting any review, the service provider will be notified of the review and be given an opportunity to read the review. In this notification, the service provider will be informed of the procedures available if the review is disputed or otherwise challenged by the service provider in any regard. If there is a disputed review, the review submitted will be held in abeyance pending our resolution of the dispute, which will be determined by our own discretion. If a consumer review is made and ultimately posted on a provider’s profile page, this review is the opinion of the author of the review, and not of this Website or its operators and agents. As such, we disclaim any and all representations or warranties with regard to all reviews. Nor do we assume responsibility or liability for any review or for any claims, damages, or losses resulting from any review.
7. Disclaimers of Liability and Indemnification. We expressly disclaim any and all liability and responsibility for the accuracy, completeness, and usefulness of any of the information contained within this Website, and any damages claimed by you, including special damages, consequential damages, compensatory damages, and punitive damages, whether arising from a claim in tort or contract.
You thereby agree to release us and our business partners, including but not limited to this Website, and any and all affiliates of the operators of this Website, including Mind My Manor, CatCo Properties, LLC, Mind My Services, LLC, Weblinx, Inc., and any and all officers, directors, employees, and agents of these entities, form all damages and claims of any kind.
We reserve any and all remedies available at law and in equity in connection with any violation of these Terms and Conditions. You agree to indemnify and defend this Website, Mind My Manor, CatCo Properties, LLC, Mind My Services, LLC, Weblinx, Inc., and to hold these entities harmless from and against any claim or demand and all losses incurred related to the use of this Website, including reasonable attorney’s fees.
You agree to indemnify us, including this Website, Mind My Manor, CatCo Properties, LLC, Mind My Services, LLC, Weblinx, Inc., and any and all officers, directors, employees, and agents of these entities, and to hold said persons and entities harmless from any and all claims or demands, including attorney’s fees, made by any person or third party due to or arising from your use of this Website and/or the services contained, offered, advertised, or set forth in any manner on this Website, or your violation of these Terms and Conditions, or arising from your violation of any rights of a third party.
Except as otherwise expressly set forth herein, we expressly disclaim all warranties, whether express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. You agree that this Website, Mind My Manor, CatCo Properties, LLC, Mind My Services, LLC, Weblinx, Inc., and any and all officers, directors, employees, and agents of these entities shall have no liability for direct, indirect, special, incidental, consequential, exemplary, treble, or punitive damages arising out of this agreement or these Terms and Conditions, or your use or any third party use of this Website, and any consequences which flow from such uses. The foregoing limitations and exclusions may not apply in certain states.
8. Miscellaneous. These Terms and Conditions are governed by the laws of the State of Illinois, and you agree to submit to jurisdiction in Illinois, and that any claim arising or brought under these Terms and Conditions will be brought solely in a court in DuPage County, Illinois.
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, though upholding and otherwise maintaining the intent and spirit of the provision, unless a modification is not possible, or allowed, then such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. Should we knowingly refuse or otherwise fail to uphold or enforce any provision of these Terms and Conditions, such refusal or failure shall not constitute a waiver of such right or provision.
These Terms & Conditions may be amended at any time, without prior notice. If any changes or amendments are made, they will be posted in a specifically designated Section at the bottom of these Terms and Conditions and will be in effect at the time of said posting. These Terms & Conditions were last updated on November 1, 2008.
These Terms and Conditions also apply to all successors, assigns and licensees of this Website or any of its operators.
If you have any questions regarding these Terms & Conditions, you may contact us at:
CatCo Properties, LLC
1767 W. Ogden Avenue, Suite 151
Naperville, IL 60540
terms@MindMyManor.com
© 2008 Mind My Manor, All rights reserved.