Terms of Service and Conditions Agreement



TOTB, LLC (“TOTB”) provides and operates an online forum for members to search for local services, and for the businesses to reply to the search request (“Services”). This site is for entertainment and general informational purposes only, and does not provide specific legal, medical, tax, business or other professional advice or counseling. Please consult the appropriate professionals for your specific issues or concerns. TOTB, LLC is not responsible for any statements or content provided on the site. This Terms of Use and Conditions Agreement (“Agreement”) describes our policies and practices while you are using the www.housspros.com website (“Site”). If you become a member of TOTB by signing up through the Site, the act of applying for membership and/or accessing the Site indicates your agreement to be bound by our Terms of Use and Conditions Agreement.

1. Notice

This Site is owned and operated by TOTB, LLC. TOTB has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content and software needed for access or use of the Site. By agreeing to use this Site and its Services, you understand and agree to all terms and conditions of this Agreement. You may visit our webpage to learn of our revised Agreement. All such changes will be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

2. Intended Use

a. This Site is intended for your benefit, to search for local services, and to respond to the search requests.
b. You understand that TOTB does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including third-party advertisements posted on the Site.
c. You understand that any statements by TOTB, its employees, agents, and affiliates are provided for informational purposes only.

3. Our Services

TOTB makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the services or products provided by any individual, company, or service provider utilizing the Site or featured on the Site and assumes no liability related thereto.
The Site may be used by users to post search or service requests, and vote up helpful responses to search or service requests.

4. Restrictions on Use

You must be at least 18 years of age to use the Site. You agree to be solely responsible for (i) maintaining control over the use and/or access to the Site by minors in your household or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults. Use of portions of the Site that require an account and you to log in are intended for and restricted to members and participating local business owners.
Each member of the Site and participating local business owner receives a unique login. When entering the Site, each member and local business owner must enter his/her login name, password to access the site. Members and local business owners are not to share their login account information and are fully responsible for the safekeeping of their login information and for their account.
Access to the Site is classified into three groups: general viewers, registered users, and local business owners. The Terms of Use apply to general viewers. These Terms of Service apply to members and participating local business owners.
General viewers may view useful information posted by local businesses. Members may vote up helpful responses to search requests, search for services, and view useful information posted by local businesses.
Local Business Owners may search for services, and respond to service requests.
You agree that you will not make disparaging statements about TOTB, LLC or any businesses participating or featured on the Site at any time. For the purpose of this Agreement, “disparaging” means a statement that denigrates the reputation, goods, or services of another. Moreover, you agree that you will not take any action that could be deemed to interfere with TOTB's relationship with any business. Violation of this provision will result in loss of privileges at TOTB's sole discretion.

5. Privacy Policy

Please see our Privacy Policy to review how information collected on the Site is used by TOTB.

6. Use of Information and Materials

Unauthorized use of our Site and systems, including but not limited to unauthorized entry into our system, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by us.

Considering the real-time nature and volume of traffic on this Site, TOTB cannot review service requests and responses to the service requests or confirm the validity of information posted. The administration does not actively monitor the contents of ads posted, is not responsible for any responses posted, does not vouch for or warrant the accuracy, completeness, or usefulness of any message or content of responses, and is not responsible for the contents of any response. Buyer Beware and due diligence is recommended before purchases or decisions are made based on information from any response. Any user who feels that any posted response is objectionable is encouraged to contact the Site's administrator immediately by email. We may in our discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular responses may not occur immediately.

You shall not upload, post, or email any content or information such as, but not limited to, posts, illustrations, photographs, pictures, and video, that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Site, (e) interferes with or disrupts the Site, (f) harasses another user, or (g) otherwise violates any applicable law. You remain solely responsible for what you post in answers, and you agree to indemnify and hold TOTB harmless with respect to any claim based upon transactions of goods or services purchased as a result of content posted on the Site.

7. Membership

To gain membership to the Site, each applicant must apply for membership according to the following procedure. TOTB may screen each applicant to determine whether or not membership is approved. Each applicant must provide the following information to be considered for membership:

a. Registered Users. Users must complete a form that contains the following information:
E-mail Address
User Name
Password
Zip Code
b. Local Business Owner. Local business owners must complete a form that contains the following
information:
Business Name
Business Description
Phone Number
Contact Person
Street Address
City
State
Zip Code
Business Web URL

8. Disclosure of Collected Information

a. Information from the Site. Except as provided in this Agreement and in our Privacy Policy, TOTB will not disclose to non-affiliated third parties without your prior approval, your e-mail addresses, phone number, or other personal information, that we collect via the Site. TOTB, however, will cooperate with official law enforcement inquiries, such as fraud investigations, subpoenas, and government requests and will disclose your information when necessary to comply with state and federal laws and regulations.
b. Disclaimer. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Agreement and in our Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.
c. Type of Information Collected. TOTB may collect personal information, such as: your name, e-mail address, postal address, telephone and facsimile numbers, and URL. TOTB may also automatically gather and store information in log files: IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site. The Site may also gather demographic information.
d. Sharing of Information. TOTB will not gather and share customer and client information with its advertisers. The manner in which we collect and use personally identifying information voluntarily provided by you is described in our Privacy Policy. Such information may also be used by TOTB to enforce this Agreement. You agree that all information submitted by you is accurate and complete. You further agree that you will not access the portions of the Site requiring a login unless you are a member of the Site. TOTB may restrict or terminate access to the Site if it has reason to believe you have provided false or inaccurate information.

9. Enforcement

a. Limitations of Warranties and Remedies. To the full extent allowed by law, TOTB disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. TOTB neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Services and the Site. In no event will TOTB be liable for any incidental, consequential, punitive or special damages, including, without limitation, lost profits or revenues, even if TOTB has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
b. Indemnification. You agree to defend, indemnify, and hold harmless TOTB and its officers and employees (the “TOTB Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys' fees) that TOTB may incur arising out of or resulting from the use of the Site or any of the products or services of TOTB.
c. Choice of Law and Venue. This Agreement will be construed and governed in accordance with the laws of the state of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to this Agreement or its enforcement. The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to this Agreement or its enforcement.
d. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
e. Additional Provisions Regarding Liability. You and TOTB agree that the following limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
f. Notices. Any notices or communications sent by you to TOTB pursuant to this Agreement must be in writing and sent to the address specified herein or such other address as TOTB may specify in writing.
All notices will be sent to:
TOTB, LLC
info@housspros.com

10. Additional Information

a. Links. The Site may contain links to other sites. However, please be aware that TOTB is not responsible for and cannot control the terms of use and conditions of such other sites. We encourage you to be aware when you leave the Site, and to read the terms of use of each and every website. This Agreement applies solely to this Site. We are not responsible for the content, accuracy, or opinions expressed in such web sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us.
b. Trademarks. housspros, www.housspros.com, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of TOTB. All rights are reserved. All other trademarks appearing on the site are the property of their respective owners.
c. Copyrights. The Site contains copyrighted materials and other proprietary information, including, without limitation, downloadable files, text, software, photos, video graphics, music, and sound. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. No copyright, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of TOTB and the copyright owner.
The Site contains an interactive portion that allows users to submit information and materials. Users shall not provide copyrighted or other proprietary information without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify TOTB for any claim that information or materials submitted by you infringe any third-party intellectual property right. You grant TOTB a nonexclusive license to use, copy, edit, modify, transmit, distribute, and to create a derivative work of any information or material submitted by you through the Site.
d. Digital Millennium Copyright Act (DMCA) Policy. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us along with the copyright agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TOTB's Copyright Agent for Notice of claims of copyright infringement can be reached at info@housspros.com
e. Representations and Warranties. By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or TOTB. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
f. Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us using the “Contact” page on our Site.


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