| Renex Terms and Conditions |
By submitting the attached Membership Form and Application ("Membership Form"), the person or entity named in the Membership Form (the "Member") agrees to the following Terms and Conditions. These Terms and Conditions, together with the Membership Form comprise the entire agreement ("Agreement") between the Member and Website Pros, Inc. ("Renex"). |
| 1. Entry into Renex's National Database of Pre-Screened Contractors: |
Membership Database: Renex authorizes the inclusion of vendors in its membership database, accessible to Renex users through Renovationexperts.com; it's World Wide Website ("the Website"), and other means, in accordance with this Agreement. By submitting the attached Membership Form, the Member requests that Renex include information about the Member (an "Entry" in its membership database), and that Renex carry out the pre-screening process that may include identification verification, credit checks, and Better Business Bureau reports. Renex reserves the right to refuse any such request or to cancel any Entry for failure to fulfill the obligations set forth in this Agreement. Renex will be bound by this Agreement only if it agrees to include the Entry in its partner database and in fact includes the Entry. If Renex does not include the Entry, it will refund the money the Member previously paid for such Entry.
Entry Contents: The Entry will consist of the information provided to Renex by the Member listed on this Membership Form or provided to Renex in any other form both verbally and/or electronically. The Member agrees to provide true, accurate, current, and complete information about the Member's business as requested in the application process.
Request for Quotes ("Home Improvement Job Leads"): After inclusion of the Entry in the membership database, Renex will forward via email and or fax (per the preferred method required by the Member outlined in the Membership Form or provided to Renex in any other form, verbally and/or electronically) Home Improvement Job Leads in accordance with the criteria set forth in the attached Membership Form or provided to Renex in any other form, verbally and/or electronically. The Home Improvement Job Leads will contain but not be limited to the following: name, address, phone number(s), project details. The Member agrees to respond to every Home Improvement Job Lead within three (3) business days. The Member agrees not to distribute or re-sell Home Improvement Job Leads to any third party, without express written notice from Renex. |
| 2. Representations and Warranties: |
The Member represents and warrants that, (1) all of the information provided to Renex is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene; (2) the Member is authorized to provide the services set forth in the Membership Form; (3) the Member has the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement; (4) any advertising copy and any linked advertising comply with all applicable laws and regulations. |
| 3. Indemnification: |
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The Member agrees to pay any damages or expenses incurred by Renex, including all attorneys' fees and expenses, resulting from claims brought by the other parties regarding the inclusion of the Entry, or as a result of a breach of this Agreement. As per section 4, Renex is a Conduit, and is not involved in the day to day operations of a members business or the subsequent work that contractors perform for homeowners. In the event of a breach of this Agreement and in addition to any other remedies it may be entitled to, Renex shall be entitled to liquidated damages in the amount of the full term of the Agreement. This provision shall survive the termination of this Agreement. |
| 4. Disclaimers: |
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Warranties: Renex makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to any information or services provided through any communications, including but not limited to, the Website, email, phone or fax.
Renex is a Conduit: Renex is not involved in any actual transactions between buyer and suppliers through this Request for Quote program. As a result, Renex has no control over the ability of buyers to purchase services or qualify for financing or any other form of credit. Renex cannot and does not control whether or not buyers will complete the process of hiring a provider for the services they have requested proposals or quotes. Renex cannot and does not guarantee that each buyer or supplier is whom they claim to be. Buyers and supplier will be able to communicate directly with each other before any transaction is complete. In the event a supplier has a dispute with one or more buyers, the supplier releases Renex and its agents and employees from claims, demands, and damages arising out of or in any way connected with that dispute. |
| 5. LIMITATIONS OF LIABILITY: |
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IN NO EVENT WILL RENEX OR ITS AGENTS BE LIABLE FOR ANY DAMAGES CAUSED BY ANY ON LINE SERVICE, QUOTE PROVIDED BY THE MEMBER TO A BUYER, TRANSMISSION, COMMUNICATIONS OR COMPUTER SYSTEM FAILURE. IN NO EVENT WILL RENEX OR ITS AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES OR PROFITS OR THE COST OF OTHER FORMS OF ADVERTISING. |
| 6. Agencies and Partnership: |
The Member and Renex are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement shall be governed by and interpreted according to the laws of the State of Florida. This Agreement and the Membership Form describe the entire agreement between Renex and the Member and supersede any other verbal or written agreements regarding the subject matter of this Agreement. This Agreement shall survive any change in ownership on the part of the Member. |
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