Please read carefully. This describes
the terms and conditions under which Designer
Properties offers the services provided through
our web site.
By accepting these terms, you confirm
that you are 18 years of age or older, are
capable of entering into a binding agreement,
and that you will accurately complete any
subscriber information submitted to us.
1. General Disclaimer In
using Designer Properties service, you
acknowledge that Designer Properties is not
acting as your general contractor, agent, or
advisor. Therefore, it is your sole
responsibility to select a contractor and to
negotiate the terms for any work performed. You
may want to consult with appropriate expert
advisors to assist in your home improvements,
including a lawyer regarding contracts, permits,
and other necessary job documentation and an
insurance professional regarding the
contractor's and your own insurance coverage
requirements. Designer Properties does not
recommend or endorse any specific service
provider, provide advice on which service
provider to select, or screen any individual
service provider's personal credit or legal
standing. It is your responsibility to select
the professional you are interested in working
with. Any contract or agreement you have with a
contractor is between you and the company you
select and does not involved our program. By
using our website, you agree that should you
have a dispute with any company, you must
address such dispute directly with the business
that performed the work. You also agree to
release Designer Properties,
and DP and Associates (and our officers,
directors, affiliates, directors, affiliates,
employees, and agents) from any damages or
claims arising out of or in any way connected
with such disputes.
We do not guarantee that we will be able to
match your service needs with a service
professional or that there are service
professionals in your area that either are
capable or willing to complete your service
needs. Although we take certain steps to examine
the credentials of our listed service
professionals, we make no guarantees or
representations regarding the application or
installation skills of such service professional
or the quality of the job that he or she may
perform for you if you elect to retain their
services. It is entirely up to you to enter into
a direct contract or otherwise reach agreement
with a service professional, and we do not
guarantee or warrant their performance on the
job or the outcome or quality of the services
performed. Your rights under contracts you make
with service professionals typically are
governed by your state and local laws. Should
you have a dispute with any service
professional, you must address such dispute to
the service professional directly, and you
hereby agree to release Designer Properties (and
our employees and agents) and any other person,
firm, or entity (including our business partners
such as a product manufacturer or supplier who
may employ the Designer Properties matching
utility) 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.
Designer Properties relies on electronic data
provided by third parties and on statements made
by service providers and their references to
determine which service providers to include in
our database. Due to the inherent time delay in
the data gathering process, pending actions or
other issues affecting a service provider's
record may have occurred which were not captured
by the third party data sources used. Designer
Properties does not guarantee that any service
provider has licensing or insurance coverage at
the time you enter into an agreement with the
service provider and makes no representation as
to the adequacy of any licensing or insurance
coverage (including amount, breadth, or type).
The existence of an insurance or licensing
certificate does not guarantee that the
insurance is in effect, as the service provider
may cancel the insurance without Designer
Properties knowledge. Unless otherwise
specifically stated, Designer Properties does
not endorse any product or service described in,
offered on, or linked to Designer Properties
websites.
2. Use of Account In order
to protect you and others, you and other users
of your account must comply with all applicable
laws and regulations when using Designer
Properties service and must not use our service
to impersonate or harass any other person. You
may copy information provided by Designer
Properties for your personal use, but you must
retain any copyright notice and other
proprietary notice on copied information. You
are not permitted to reproduce, distribute,
transmit, publish, or commercially exploit any
information provided by Designer Properties
without the appropriate permission of the
copyright owner. This prohibition precludes
emailing, faxing, posting to any bulletin board,
storage in a database accessible to persons
other than yourself, or otherwise making
information available electronically or in any
other form.
3. Changes to the Service or
Terms Designer Properties may from time to time
without notice change, add, or remove certain
features of our service or change the terms of
this Agreement.
4. Disclaimer of All
Warranties You understand that Designer
Properties has no control over any Third Party
services. Designer Properties and its suppliers
make no warranty that the service or the Third
Party services will meet your requirements or
that use of the service or the Third Party
services will be uninterrupted, timely, secure,
or error-free; nor do Designer Properties or its
suppliers make any warranty as to the results
that may be obtained from use of the service or
the Third Party services, or the accuracy or
reliability of any information obtained through
the service or the Third Party services, or that
any defects in the service or the Third Party
services will be corrected. Designer Properties
and its suppliers disclaim all warranties of any
kind, whether express, implied, or statutory,
regarding the service or the Third Party
services. Any material or data obtained through
use of the service or Third Party services must
be used at your own discretion and risk. Some
states or jurisdictions do not allow the
exclusion of certain warranties. Therefore,
nothing in this section should be construed as
excluding or limiting any warranty beyond what
is permissible under applicable law. Designer
Properties does not guarantee the quality or
fitness of any work performed by any service
providers.
5. Limitations of Designer
Properties Liability Release Designer Properties
and its suppliers will not be liable for damages
of any nature arising from or relating to your
use of the service or the Third Party services
or use thereof by anyone else through your
account. Designer Properties total cumulative
liability to you and anyone who uses the service
or the Third Party services through your
account, for any and all claims under any theory
of law (including negligence), will not exceed
$100 or the aggregate amount you paid to
Designer Properties in the preceding 12 months,
whichever is greater. Some states or
jurisdictions do not allow the exclusion or
limitation of certain types of liability.
Therefore, the above limitations of liability
may not apply to you to that extent, and nothing
in this section should be construed as excluding
or limiting Designer Properties liability beyond
what is permissible under applicable law. You
agree not to hold Designer Properties
responsible for any damages or other liabilities
arising from work performed by any contractor.
Because Designer Properties is not and cannot be
involved in your dealings with service providers
or control whether or not service providers will
complete any work as agreed, in the event that
you have a dispute with one or more service
providers, you release Designer Properties (and
our agents and employees) from any and all
claims, demands, and damages (actual and
consequential) of every kind and nature, known
and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in
any way connected with such disputes.
6. Disputes You agree that,
unless otherwise prohibited by law, all
disputes, claims, or causes of action, in law or
equity, arising from or relating to this
Agreement or its enforcement, performance,
breach, or interpretation shall be resolved
solely and exclusively by confidential final and
binding arbitration in Washington County,
Oregon. Any such controversy or claim shall be
arbitrated on an individual basis and shall not
be consolidated in any arbitration with any
claim or controversy of any other party.
Judgment on the arbitration award may be entered
into any court having jurisdiction thereof. You
agree that any claim or cause of action arising
out of or related to use of Designer Properties
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.