Membership Registration; Password. The Membership feature of this Web site is offered without charge and allows you to schedule service appointments with contractors, pay for completed services, and receive exclusive information about special offers, new services, homeowner tips, and much more. If you’re not already registered, simply complete our sign-up form to become a member, which requires a major credit card. If at any time you would like to stop future delivery of e-mails, please follow the removal instructions located at the bottom of each message or complete the Removal from E-Mail form. Upon your registration as a member, you may choose your own password or Abriza will assign you a password to access the Abriza services through the Abriza Web site. You are solely responsible for any use of the Abriza Web site or services by persons to whom you allow access to your password.
Services and Scheduling. Abriza provides administrative support services such as scheduling to residential contractors to facilitate services to customers. Service offerings may vary from time to time. Abriza is not a contractor. Whenever you desire to schedule contractor services, you must first access the Web site, complete the required information necessary to identify the services requested, convenient timing, method of payment and other requested information. Abriza will then match your needs with a contractor in your area, if any, who will contact you directly to confirm. We do not guarantee that we will be able to match your service requests with a contractor, or that there are contractors available in your area that are qualified, capable and/or willing to perform your requested services. Availability will vary based on contractor’s schedules. Abriza will do its best to match a contractor with your requested timeslot. In some cases, we may need to request a different timeslot to match your service request. Although we take certain steps to examine the credentials and background of contractors (see Contractor Limited Screening below), we make no guarantees or representations regarding their skills or character, and no representations regarding the quality of the job that the contractor may perform for you if you elect to retain their services. Abriza may inform you of certain offers or discounts provided by a contractor. Such offers or discounts are made solely by the contractor, and Abriza does not guarantee or warrant the pricing or discounts that a contractor may offer you from time to time.
Quotes and Contractor Agreements. All price quotes provided via the Abriza website are merely indications of a contractor’s preliminary desire to provide the referenced services to residences in your area at the indicated pricing, but are based on certain contractor assumptions regarding the project and are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the Abriza website, although a service/contracting appointment may be scheduled. No contractual arrangement is created based upon the quotes provided to you from such contractors (or your scheduling of an appointment with a contractor) via the Abriza website. To contract with a specific contractor, you must work directly with the contractor when he/she/it arrives at the scheduled appointment time to come to a mutually acceptable agreement after inspection of the specific task(s) at hand. It is entirely up to you to enter into a direct contract or otherwise reach an agreement with a specific contractor on the price of services given the particulars of your residence.
Warranty. Any warranty for services provided or supplies used shall be as agreed to between customer and contractor and set forth in writing between such parties. Abriza does not warrant or guarantee any services, including contractor performance on the job, timing, completion, outcome, quality or durability of services performed, or supplies used. Contractors are not employees or agents of Abriza, nor is Abriza an agent of any contractor. Abriza does not perform, and is not responsible in any manner for, any of the services or supplies requested by you in your service request. Your rights under contracts you enter into with contractors are governed by the terms of any such contracts and by applicable federal, state and local laws. Should you have a dispute with any contractor, and assuming such dispute is not satisfactory resolved under Abriza’s “Dispute Resolution” process below, you must thereafter address such dispute with the contractor directly through the Binding Arbitration process below, AND YOU HEREBY AGREE TO RELEASE AND INDEMNIFY ABRIZA (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING PUNITIVE, 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, YOUR USE OF THE WEB SITE OR RELIANCE ON CONTENT, AND YOUR DEALINGS WITH CONTRACTORS AND OTHER SUPPLIERS.
Billing and Payment Only Through Web Site.
All payments for contractor services rendered, supplies used, and any other services or products and related taxes will be made solely by approved major credit card, wire transfer, or some other prearranged payment method. Payments are due and payable in full immediately upon substantial completion of any services or delivery of any products or supplies, and shall be charged to customer’s credit card by Abriza at such time, regardless of potential subsequent disputes. Abriza may charge for completed portions of a services project separately in its discretion. Abriza is not responsible for any pricing, typographical, or other errors in any offer and reserves the right to cancel or cause the cancellation of any orders arising from such errors. Past due payments shall bear interest at the lesser or twelve percent (12%) per annum or the maximum interest rate then permitted by law.
Customer agrees to pay for any and all services rendered by any contractor of which customer has knowledge from the Web site or its personnel and applicable taxes solely through the Web site and its designated billings and payment processes. Customer agrees not to pay contractor directly for any services rendered or supplies used; and not to contract with contractor or permit the rendering of additional services not scheduled and paid for through the Web site. In the event customer breaches any of the foregoing, customer agrees that Abriza may charge customer’s credit card for an amount equal to the compensation which would have been paid to Abriza plus a service fee of $50.00. Refund Policy. There is a “No Refund” policy for all goods and services purchased or contracted through Abriza.
Dispute Resolution. Even though we cannot warrant or guarantee the work performed by any contractor, and while we have no obligation to you with regard to your relationship or agreement with a contractor, Abriza has created a limited resolution process to try and assist you in resolving service related problems that may arise in the course of a repair, maintenance or improvement project and which may be the fault of a contractor who you connected with through our Web site. Under limited circumstances and upon completion of all required procedures, although we have no such obligation, we may, upon your request, engage members of the Abriza customer service department to provide limited assistance (including communicating with the contractor in question) in an attempt to resolve disputes between you and a contractor. You must participate and use good faith efforts at all times to resolve problems through this limited resolution process. If, in our sole discretion, Abriza determines that you have not participated and cooperated in good faith in the resolution process, Abriza may terminate this process at any time. Such limited assistance in no way nullifies the release and indemnification or other terms described elsewhere in these Terms.
Binding Arbitration. In the event the Dispute Resolution process above fails to achieve a satisfactory result, or in the event customer has alleged claims of any type against Abriza, customer hereby agrees that ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND ABRIZA AND/OR CUSTOMER AND CONTRACTOR, their respective agents, employees, owners, successors, assigns, affiliates arising from or relating to this agreement, use of the Web site, or any agreement between customer and contractor, the interpretation, or the breach, termination or validity thereof, the relationships which result from any such agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), Abriza’s advertising, or any related services SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any customer prevails on any claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. For information on AAA or JAMS, contact the following: American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY 10017, www.adr.org; JAMS, 45 Broadway, New York, NY 10005, (800) 352-5267, www.jamsadr.com.
Data Security. Abriza’s solution is hosted by Amazon EC2, one of the most advanced data centers in the world. This hosting solution provides redundancy ensuring that Abriza’s solution will be available when you need it. Moreover, Amazon EC2 provides some of the most advanced data security in the industry. Follow this link for a detailed description of the data security solution. http://aws.amazon.com/articles/1697?_encoding=UTF8&jiveRedirect=1
Trademarks and Service Marks. There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Web site. By making them available on this Web site, Abriza is not granting you a license to use them in any fashion. Access to this Web site does not confer upon you any license or right under any of Abriza’s or any third party’s intellectual property rights. All product or service names not owned by Abriza are the property of their respective owners.
Contractor Limited Screening. Unless otherwise specified elsewhere in the Web site, Abriza performs the limited screening below as part of its registration process for new contractors, with the exception of Corporations (as described below), applying for membership in our network. We perform this screening solely at the time the contractor applies for membership with Abriza, and so such information may change over time. Abriza cannot and does not represent or warrant or guarantee that profile and screening information is accurate, complete or current. Abriza is under no obligation to update any screening information. We recommend that before contracting or working with a contractor, you verify that information presented in the contractor’s profile, including any applicable state-level license, is still accurate, current, complete and acceptable to you.
State Trade Licensing – Abriza confirms that a prospective new 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 where 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 bathroom remodel may require an electrician or plumber), and we recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. In California, Abriza relies on representations of contractors that are using a California general building contracting license to cover home improvement tasks that such contractors are performing more than one task as defined and required by applicable California licensing rules. We always recommend that you ask every business to provide you directly with a copy of their license.
Business in Good Standing – For contractors that are corporations or limited liability companies, we confirm that the entity is in good standing in the state in which it is located.
Insurance Coverage – Abriza confirms that each contractor has a minimum level of specified insurance coverage by receipt of a certificate of insurance from such contractor’s insurance carrier.
Civil Judgments/Bankruptcies - Abriza retains a third party consumer reporting agency to check the principal/owner of the contractor for significant state-level civil legal judgments entered against the principal/owner by business customers and for bankruptcy filings by or against the principal-owner, all within the three years prior to contractor’s registration.
Criminal Records - Abriza retains a third party consumer reporting agency to conduct a criminal search for any relevant and reportable criminal activity associated with the owner/principal of the contractor business, within not more than seven years prior to registration and as may otherwise be limited by applicable law.
Sex Offender Search - In the state in which the owner/principal of the contractor is located, Abriza either checks the state’s official Sex Offender web site, to confirm that there is not a match based solely on the name of the owner/principal of the company, or retains a third party consumer reporting agency to do the same. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home prior to permitting access.
Identity Verification (Social Security Number) - Abriza verifies the social security number of the contractor’s owner/principal for identity check purposes. This check applies primarily to smaller business entities.
Corporations - Some contractors are employees, franchisees, dealers, or independent contractors of national or large corporations (“Corporations”). In this case, we may recommend a customer use the local presence of a Corporation, for example a franchisee or branch office. The above screening criteria is not applicable to Corporations, and Abriza does not screen such Corporations, but rather relies on the screening, if any, that may be performed by the Corporation itself. In this situation, you should contact the Corporation directly and request any desired screening information in advance of services.
Profiles – Our contractors post profiles about their business, experience and employees/owners on the Web site for general informational purposes. Abriza does not verify any of the information or representations set forth in those profiles. We make no representations or warranties regarding any information posted by a contractor, and assumes no liability or obligation for any such information.
The above contractor screening procedures may change from time to time in the sole discretion of Abriza. Abriza does not make any representations or warranties that contractors or any of their employees/owners/agents are appropriately licensed, free of civil or criminal legal judgments, carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances will change, Abriza recommends consumers check this information for themselves, particularly after time has elapsed following registration. Abriza does not represent or warrant that the information received from state 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 we check 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.
ABRIZA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ITS LIMITED 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, COMPLETE OR ERROR FREE.
Indemnification. YOU AGREE TO INDEMNIFY AND DEFEND ABRIZA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE WEBSITE OR CONTRACTOR SERVICES OR IN CONNECTION WITH THE WEB SITE (INCLUDING CONTENT) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
Limitation of Liability. ABRIZA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEB SITE, ITS CONTENT OR LINKS, OR ANY SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND EVEN IF ABRIZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF ABRIZA TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEB SITE, ITS CONTENT OR LINKS, OR SERVICES PROVIDED, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEB SITE.
Miscellaneous Terms. You acknowledge and agree that the Web site services and Content are provided to you on an “as is” basis without any warranty or representation whatsoever, and your sole and exclusive remedy and our sole obligation to you or any third party for any claim arising out of your use of any services or the Web site, is that you are free to discontinue your use of the services or the Web site at any time. ABRIZA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Terms will inure to the benefit of Abriza’s successors, assigns and licensees. If any provision of these Terms 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, and shall not affect the validity and enforceability of the remaining terms. The failure of Abriza to exercise or enforce any right or provision of the Terms 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 any services or the Terms must be filed within one (1) year after such claim or cause of action arose or be permanently barred. These Terms are governed by the internal laws of the State of California You agree to submit to jurisdiction in Orange County, California and that any claim or arbitration arising out of or related to these Terms will be brought solely in a court in such county. These Terms constitute the entire agreement between you and Abriza and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms may not be modified or amended by you.