Terms and Conditions
This Web site and The League of California Homeowners services are 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 or submission of service requests via telephone 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.homeowners.org. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions on the LCH Website. These Terms & Conditions were last updated on 07/19/10.
1. SERVICES. At The League of California Homeowners we are committed to making your total experience a positive one. Upon entering your information and the request for which you would like an artesian contractor, we will provide you with a list of professionals in your area, if any, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a contractor or that there are contractors in your area that is either capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed contractors, we make no guarantees or representations regarding the skills or representations of such contractor or the quality of the job that he or she may perform for you if you elect to retain their services. The League of California Homeowners does not endorse or recommend the services of any particular contractor. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a contractor, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The contractors are not employees of The League of California Homeowners, nor are The League of California Homeowners an agent of the contractors. The League of California Homeowners does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with contractors are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any contractor, you must address such dispute with the contractor directly, AND YOU HEREBY AGREE TO RELEASE THE LEAGUE OF CALIFORNIA HOMEOWNERS (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS AN UTILITY OR FINANCIAL INSTITUTION) 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 CONTRACTORS.
3. RESOLUTION PROCESS. While we cannot guarantee the work performed by a listed contractor, and while we have no obligation to you with regard to your relationship with a contractor, The League of California Homeowners resolution process has been developed to try and assist you in resolving any workmanship problems that may arise in the course of a home improvement repair or maintenance project and which may be the fault of a contractor who you learned about through The League of California Homeowners services. Under the circumstances more fully described herein and upon completion of all required procedures, although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and a contractor. You must participate and use good faith efforts to resolve problems through The League of California Homeowners resolution process. If, in its sole discretion, The League of California Homeowners determines that you have not participated and cooperated in good faith in the resolution process, The League of California Homeowners may terminate such Resolution Process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
4. INFORMATION YOU PROVIDE TO US. Upon using The League of California Homeowners services, you will be prompted to disclose certain information about yourself and your service requirements. Some of this information will be sent to contractors 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 request, you are requesting, and you expressly consent to being contacted by us and by our contractors 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 request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with The League of California Homeowners and its partners and thus agree to be contacted by The League of California Homeowners 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 The League of California Homeowners has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The League of California Homeowners has the right to refuse any current or future use of The League of California Homeowners services (or any portion thereof) by you. You are responsible for any use of The League of California Homeowners services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR USE OF THE LEAGUE OF CALIFORNIA HOMEOWNERS SERVICES. You acknowledge and agree that your use of The League of California Homeowners services is for your personal use and not for advertising purposes. You may not use The League of California Homeowners website or services to recreate or compete with The League of California Homeowners services, to solicit or harass any Approved Contractors, or for any other purpose not contemplated herein. You agree that all of the content and information posted on The League of California Homeowners Web site, including but not limited to Approved Contractor profiles, screening information is the sole and exclusive property of The League of California Homeowners, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to The League of California Homeowners for any such damages, and will indemnify The League of California Homeowners in the event of any third party claims against The League of California Homeowners based on or arising from your violation of the foregoing. We reserve the right to revoke your access to The League of California Homeowners Web site and services at any time. If it is determined or suspected by The League of California Homeowners in its sole discretion that you are misusing or attempting to misuse or circumvent The League of California Homeowners services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, The League of California Homeowners 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 THE LEAGUE OF CALIFORNIA HOMEOWNERS AND ITS 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 A SERVICE REQUEST, 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 THE LEAGUE OF CALIFORNIA HOMEOWNERS AND EACH THE LEAGUE OF CALIFORNIA HOMEOWNERS SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE LEAGUE OF CALIFORNIA HOMEOWNERS AND EACH OF THE AFFECTED CONTRACTORS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL 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.
6. LINKS TO THIRD PARTY SITES. The links in The League of California Homeowners Web site will let you leave The League of California Homeowners' Web site. The linked sites are not under the control of The League of California Homeowners and The League of California Homeowners 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. The League of California Homeowners is not responsible for webcasting or any other form of transmission received from any linked site. The League of California Homeowners is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The League of California Homeowners of the site.
7. APPROVED CONTRACTOR SCREENING PROCEDURES AND DISCLAIMERS. The League of California Homeowners uses the following criteria as part of its Approved Contractor screening process:
Licensing - The League of California Homeowners confirms at the time of a contractor's approval that the contractor has all applicable required state-level trade licensing. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these 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. The League of California Homeowners relies on representations of contractors that are using a California General building contracting license to cover home improvement tasks, that the contractor perform more than one task as defined and required by California licensing rules. We recommend that you ask the contractor to provide you with a copy of their license.
Insurance/Bonding – Per program requirements each Approved Contractor participating in the program must have general liability insurance in the amount of at least one million general aggregate. The League of California Homeowners confirms general liability insurance coverage of each contractor at the time of their initial approval and each subsequent renewal. The League of California Homeowners confirms such coverage via the contractor's insurance agent. The League of California Homeowners also confirms workers compensation as require per State statues/requirements.
State Business Filings - For business types that require a Secretary of State filing, we confirm that the contractor is in good standing in the state in which it is located. This check applies to contractors that are corporations and Limited Liability Companies (LLC's).
Legal Search for Civil Judgments - We use 3rd party data sources that record legal information to check if the company has significant state-level civil legal judgments entered against the business and to check for bankruptcy filings by or against the principal / owner.
NOTE: The contractor information confirmed at the time of approval as described above may change or expire over time; while The League of California Homeowners attempts to maintain accurate and up-to-date information, and confirms changes when notified and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a contractor you verify that information presented in the contractor's profile is still current and/or acceptable to you.
Contractors Profiles: The League of California Homeowners allows Contractors to post profiles about themselves and their business on The League of California Homeowners Web site. The League of California Homeowners does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Contractor.
The above procedures may change from time to time at the sole discretion of The League of California Homeowners. As circumstances can change daily, The League of California Homeowners advises consumers to check these matters for themselves especially at future dates. The League of California Homeowners does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that The League of California Homeowners checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: THE LEAGUE OF CALIFORNIA HOMEOWNERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
11. INDEMNIFICATION. YOU AGREE TO INDEMNIFY THE LEAGUE OF CALIFORNIA HOMEOWNERS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, 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 THE LEAGUE OF CALIFORNIA HOMEOWNERS SERVICES OR IN CONNECTION WITH THE LEAGUE OF CALIFORNIA HOMEOWNERS WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
12. GENERAL PROVISIONS. You acknowledge and agree that The League of California Homeowners services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and The League of California Homeowners' sole obligation to you or any third party for any claim arising out of your use of The League of California Homeowners services or The League of California Homeowners Web site, is that you are free to discontinue your use of The League of California Homeowners services or The League of California Homeowners Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE LEAGUE OF CALIFORNIA HOMEOWNERS 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 THE LEAGUE OF CALIFORNIA HOMEOWNERS SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF THE LEAGUE OF CALIFORNIA HOMEOWNERS 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 ensure to the benefit of The League of California Homeowners' 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 The League of California Homeowners 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 League of California Homeowners 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 California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in San Bernardino County, California.