Terms and Conditions

Please read this aggrement carefully!

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the contractorsnest.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and ContractorsNest (“ContractorsNest”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and ContractorsNest, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services. If you have any questions regarding these Terms & Conditions, you may contact us at support@contractorsnest.com/old. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on January 01, 2022.

YOUR USE OF THE CONTRACTORSNEST SERVICES AND PROHIBITED USES

You acknowledge and agree that your use of ContractorsNest is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect ContractorsNest content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use ContractorsNest to recreate or compete with ContractorsNest, to solicit or harass Service Providers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to ContractorsNest for any such damages, and will indemnify ContractorsNest in the event of any claims against ContractorsNest based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any ContractorsNest Services, products or properties at any time. All information about Service Providers is confidential and for your personal use only. If it is determined or suspected by ContractorsNest in its sole discretion that you are misusing or attempting to misuse or circumvent the ContractorsNest 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, scraping content, infiltrating, fraud, advertising, jamming or spamming, ContractorsNest 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.

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

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 ContractorsNest and the service providers, 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 someone 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 ContractorsNest and each service provider who accepts such service requests, for the greater of: (1) a minimum amount of $9,000 to each of ContractorsNest and each of the affected service providers 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, whichever is greater.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing, payments and disputes

We require you to pay for goods or services provided by Service Providers, through ContractorsNest.com website. You need to sign a contract/ agreement with the Service Provider, based upon the quotes provided to you from the Service Provider (or your scheduling of an appointment with a Service Provider) via ContractorsNest. Furthermore you need to verify the Service Provider’s license and insurance information. ContractorsNest 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 Service Providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. ContractorsNest is not a party to such agreements. All payments and applicable taxes must be sent to ContractorsNest.com in accordance with the agreements before the Service Provider starts the project.

Should you have any dispute with the goods or services provided by the Service Providers you select, you must contact the Service Provider and try to resolve such dispute with the Service Provider first. If you can’t find a solution with the Service Provider please advise us immediately. Our dispute policy as follows: Both party needs to deposit 5% of the project cost or a minimum of $500 for the dispute fee into ContractorsNest.com. This fee is to discourage fraud. Then you and your Service Provider need to send us all proofs and pictures related to your claim. We will then review and make a decision. You and your Service Provider hereby agree that you will not contest our decision. We will refund the dispute fee to the person who won the dispute, and release the payment to the winner. If we have not heard from you with documented proof of any issues provided within ten (10) days after the Service has been done by the Service Provider, the purchase of the services is final we will release the payment to the Service Provider, and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. If you choose not to use our dispute method, then please file at your local district court and present the filing papers to us at support@contractorsnest.com within ten (10) days after the Service Provider finished your project and we will hold the funds until the district court has made a decision in your case. Then you need to provide that decision to us so we can release the payment to the dispute winner.

YOU HEREBY AGREE TO RELEASE ContractorsNest 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 SERVICE PROVIDERS.

DISPUTE RESOLUTION ASSISTANCE

While we cannot guarantee the work performed by a listed Service Providers, and while we have no obligation to you with regard to your relationship with a Service Provider, the ContractorsNest resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Provider who you learned about through the ContractorsNest Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Provider. You must participate and use good faith efforts to resolve problems through the ContractorsNest resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to accept the service performed by a Service Provider without a good faith basis for doing so. You agree that ContractorsNest is not responsible for the accessibility or unavailability of any Service Providers or for your interactions and dealings with Service Providers.

SERVICE PROVIDERS PRE SCREENING PROCEDURES AND DISCLAIMERS

Contractorsnest.com uses the following criteria as part of its enrollment process for new Service Provider businesses. We perform the below screening at the time of the Service Provider business’ enrollment:

Licensing – We confirm that a prospective new Service Provider business has any applicable required state-level trade licensing for the services for which we match them to consumers. 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 subcontractors 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. Given the unique nature of California licensing, ContractorsNest relies on representations of service providers that are using a California General building contracting license to cover home improvement tasks that such service providers are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.

State Business Filings – For service providers that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.

Insurance – We check if the Service Provider has up to date general liability insurance at the time of registering.

WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROVIDERS (E.G. NAME OF OWNER, BIRTHDATE).

ContractorsNest performs screening solely at the time the service provider register in the ContractorsNest network, and therefore a service provider’s information may change or expire over time, and between screenings. Thus, ContractorsNest cannot and does not warrant or represent that profile and screening information is up to date. ContractorsNest is under no obligation to update a service provider’s screening information. We recommend that before working with a service provider you verify that information presented in the service provider’s profile is still accurate, current and acceptable to you.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, or unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ContractorsNest or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ContractorsNest. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of ContractorsNest or its owners. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of ContractorsNest or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will ContractorsNest, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of ContractorsNest and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to ContractorsNest for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

product liability.

Neither ContractorsNest nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against ContractorsNest or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by ContractorsNest or any of its affiliates.

Indemnification

You agree to indemnify ContractorsNest, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and any 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 ContractorsNest services in connection with the ContractorsNest website, with regard to any dispute between you and a service provider, or your violation of these terms and conditions, or arising from your violation of any rights of a third party.

General provisions

You acknowledge and agree that the ContractorsNest Services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and ContractorsNest’s sole obligation to you or any third party for any claim arising out of your use of the ContractorsNest Services, is that you are free to discontinue your use of the ContractorsNest Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ContractorsNest 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 ContractorsNest SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ContractorsNest 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 insure to the benefit of ContractorsNest’s 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 ContractorsNest 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 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 Pennsylvania as such laws are applied to agreements entered into and to be performed entirely in the State of Pennsylvania and between Pennsylvania residents. You agree to submit to jurisdiction in Pennsylvania and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Lancaster County, Pennsylvania. These Terms and Conditions constitute the entire agreement between you and ContractorsNest and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW

The exclusive means of resolving any dispute between you and ContractorsNest or any claim or controversy arising out of or relating to use of this Website and/or ContractorsNest’s services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against ContractorsNest any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*By using the Website and/or ContractorsNest’s services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ContractorsNest. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against ContractorsNest may be commenced only in the federal or state courts located in Lancaster County, Pennsylvania. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and ContractorsNest, shall be governed by the laws of the state of Pennsylvania without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

ContractorsNest is owed by:

Contractors Nest LLC

2600 Willow Street Pike, STE185, Willow Street, PA 17854

support@contractorsnest.com