This Website and the services of Get Jakes (the “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 Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by GetJakes, LLC and collectively referred to herein as “GetJakes,” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at Ben@getjakes.com. 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 10th 2019.
INTRODUCTION TO GetJakes
Get Jakes, LLC and getjakes.com are used interchangeably however they are the same entity.
A term for a firefighter, used mostly in the Northeast U.S.A., especially in the Boston area. The term is normally used by firefighters, or fire buffs, speaking of another firefighter, or other firefighters. To be a “good jake” is a very high form of praise from fellow firefighters. The origin is not officially known, but it probably came from the years before radios were invented, and installed in fire apparatus. In those days, firefighters would communicate with the central fire alarm communications center by Morse Code, using a tapper inside a fire alarm box key know as a J-key. If a firefighter was good at sending Morse Code, he was known as a, “good J-key” It became “Jakey” and then, simply, “Jake”.
Usage: That crew over at Rescue 2 are a bunch of good Jakes!
From here on out when the word Jake is used that refers to your local firefighters who perform work on the side and are on getjakes.com
Get Jakes provides the homeowner free of charge a directory of local firefighters who work on the side.
At GetJakes we are committed to making your total GetJakes experience a positive one. There are several ways you can find service professionals through GetJakes. Our Jakes are categorized by services provided and zip code. We will also offer the ability to post work that you will like done and our Jakes will be able to search for work requested. Upon entering your information and the request for which you would like a Jake, we will post your request to Jakes in your area, 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 Jake or that there are Jakes in your area that are either capable or willing to complete your service needs.
At Get Jakes.com You can view a directory of Jakes in your selected zip code who provide services in the project categories that you select. These listings may include ratings and reviews of those Jakes from their customers, when available.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Jake or the quality of the job that he or she may perform for you if you elect to retain their services. GetJakes, LLC does not endorse or recommend the services of any particular Jake. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Jakes and the Jake’s qualifications, and to enter into a direct contract or otherwise reach agreement with Jake. We do not guarantee or warrant any Jake’s performance on the job or the outcome or quality of the services performed. The Jake’s are not employees or agents of Get Jakes, LLC or getjakes.com, nor is GetJakes LLC an agent of the Jakes.
No Contracting via the Get Jakes, LLC Website. Get Jakes, LLC may inform you of certain offers or discounts provided by a Jake. Such offers or discounts are made solely by the Jake, and Get Jakes, LLC does not guarantee or warrant the pricing or discounts that a Jake may offer you. Any quotes provided by Jakes via the Getjakes.com or apps, or which you find on the getjakes.com or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via getjakes.com. No contractual arrangement is created based upon the quotes provided to you from jakes (or your scheduling of an appointment with a jake) via getjakes.com. To contract with a jake, you must work directly with thejake. Getjakes.com 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 jakes are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Getjakes.com is not a party to such agreements. All payments and applicable taxes must be made to the jakes in accordance with the agreements.
Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Jakes, you must address such dispute with the Jake directly (although you may copy getjakes.com on the fee disputes). YOU HEREBY AGREE TO RELEASE Gent Jakes, LLC (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) 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 PROFESSIONALS.
YOUR USE OF THE Getjakes.com SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, 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 HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor 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, HomeAdvisor 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.
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.
INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals who will need this information to respond to your request. 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 Service Professionals via phone, fax, email, mail, text (SMS) messaging, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password.
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 HomeAdvisor AND THE SERVICE PROFESSIONALS, 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 HomeAdvisor AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor AND EACH OF THE AFFECTED SERVICE PROFESSIONALS 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.
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor’s messaging platform.
DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the HomeAdvisor 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 Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional.
You acknowledge and agree that getjakes.com may monitor and/or record any telephone calls between you and getjakes.com.
USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on getjakes.com, including but not limited to:
Photographs or Images,
Comments, Questions and/or Answers,
Any other content
(known collectively as “Content”) is the sole and exclusive property ofgetjakes, LLC, 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.
Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License. You hereby grant Get Jakes, LLC and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on getjakes.com and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
Representation of Ownership and Right to Use Content. By posting or providing any Content to getjakes.com, you represent and warrant to getjakes.com that you own or have all necessary rights to use the Content, and grant to getjakes.comthe rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines – getjakes.com reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Get Jakes, LLC owned or operated websites or apps if Get Jakes, LLC determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage getjakes.com.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
Comments concerning a different jake.
Information not related to work requested in the service request.
If a dispute arises between a consumer and jake, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS
Unless otherwise noted on the screening tab of a Jake’s profile page, getjakes.comuses the following criteria as part of its registration enrollment process (“registration”) for new Jake businesses, with the exception of Corporate Accounts (as described below) and jakes providing services in Canada (neither of which are screened) applying for membership on our site. We perform the below screening at the time of the Jakes business’ enrollment, and may every two years thereafter:
Licensing – We confirm that a prospective new SP 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 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. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals 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 sjakesthat are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
Criminal Records Search – Active or retiered firefighters are he only contractors allowed on the site. They have all gone though cori background checks within the fire service. Identity Verification (Social Security Number) – HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
Legal Search for Civil Judgments – We use third party data sources to check, within the 12 months prior to the service professional’s application for membership in the getjakes.com network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE jakes (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: getjakes.com PERFORMS SCREENING SOLELY AT THE TIME THE Jake APPLIES FOR MEMBERSHIP IN THE Get Jake, LLC NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A Jake’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, getjakes.com CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. getjakes.com IS UNDER NO OBLIGATION TO UPDATE A Jakes SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A Jake YOU VERIFY THAT INFORMATION PRESENTED IN THE Jake’S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Jakes are employees, franchisees, dealers, or independent contractors (“Corporate SP’s”) of larger national or corporate accounts (“Corporate Accounts”). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP’s. The above screening criteria is not applicable to Corporate Accounts, and therefore, getjakes.com does not screen the Corporate Accounts or Corporate SP’s.
Jake’s Profiles: getjakes.com allows jakes to post profiles about themselves and their business on the getjakes.com or apps. getjakes.com 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 jake. getjakes.com therefore makes no representations or warranties regarding any information posted by a jake and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Get Jakes, LLC. getjakes.com believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the get jakes, llcnetwork. getjakes.com 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 getjakes.comchecks 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: getjakes.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING 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.
RATINGS & REVIEWS ARE NOT ENDORSED BY getjakes.com
All Ratings and Reviews of a jake displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of getjakes, LLC.
getjakes.com disclaims any and all representations or warranties with regard to the Ratings and Reviews. getjakes.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
ARTICLES AND OTHER CONTENT
getjakes.com may provide certain content relating to home improvement, repair, maintenance (“Articles”), on the getjakes.com or apps, and via mobile applications owned and operated by getjakes.com. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY SITES
The links in the getjakes.com or apps will let you leave getjakes.com Web site. The linked sites are not under the control Get Jakes, LLC and Get Jakes, LLC 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Get Jakes, LLC is not responsible for webcasting or any other form of transmission received from any linked site. Get Jakes, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by getjakes.com of the site.
THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
getjakes.com respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at firstname.lastname@example.org.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the getjakes.com server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Get Jakes, LLC. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the getjakes.com or apps or any other Get Jakes, LLC owned, operated, licensed or controlled site. Elements of the getjakes.com or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Get Jakes, LLC web Site may be copied or retransmitted unless expressly permitted by Get Jakes, LLC. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this websiteGet Jakes, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Get Jakes, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE Get JakesWEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
YOU AGREE TO INDEMNIFY Get Jakes, LLC, 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 THE getjakes.com SERVICES IN CONNECTION WITH THE getjakes.com WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
The exclusive means of resolving any dispute between you and Get Jakes, LLC or any claim or controversy arising out of or relating to use of this Website and/or getjakes.com 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 HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
By using the Website and/or Get Jakes, LLC 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 Get Jakes, LLC. 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. For details on the arbitration process, see our Arbitration Procedures.
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 HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and Get Jakes, LLC, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You acknowledge and agree that the Get Jakes, LLC Services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Get Jakes, LLC sole obligation to you or any third party for any claim arising out of your use of the Get Jakes, LLC Services or the Get Jakes, LLC or apps, is that you are free to discontinue your use of the Get Jakes, LLC Services or the Get Jakes.com or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Get Jakes, LLC 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 Get Jakes, LLC SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Get Jakes, LLC 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 inure to the benefit of Get Jakes, LLC 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 Get Jakes, LLC 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 Commonwealth of Massachusetts as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Colorado Massachusetts and between Commonwealth of Colorado Massachusetts residents. You agree to submit to jurisdiction in Commonwealth of Colorado Massachusetts and that any claim arising out of or related to these Terms and Conditions will be brought solely in a Commonwealth of Colorado Massachusetts court. These Terms and Conditions constitute the entire agreement between you and Get Jakes, LLC and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may be modified at any time by Get Jakes, LLC.
© 2018-2019 Get Jakes, LLC, Inc. All rights reserved.