Terms & Conditions

THE FOLLOWING DESCRIBES THE TERMS ON WHICH HOMEBLUE (C. DAVID VENTURE MANAGEMENT, LLC) OFFERS YOU ACCESS TO OUR WEBSITE, SYSTEM AND SERVICES:

This Web site is 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 Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. We may amend these Terms & Conditions at any time. These terms and conditions were last updated on 3/15/11.

» Our System

- We provide the users of our system a variety of homeowner resources.

- C. David Venture Management, LLC (herein referred to as "CDVM") is the owner of HomeBlue.com, HomeBlue.co.uk, and HomeBleu.co.uk

- You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our System.

» HomeBlue Matching Services

The following applies to our matching service, not to the directory listing of contractors posted on our website (which is to be used entirely at your own risk):

At HomeBlue we are committed to making your experience a positive one. Upon entering your information and the request for which you would like a service professional, we will provide you with a list of service professionals in your area, if any, 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 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 skills or representations 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. HomeBlue does not endorse or recommend the services of any particular service professional. 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.

In the event we are unable to match you with a professional listed with the HomeBlue Network, we reserve the right to provide your request for services to another network, such as ServiceMagic.com, RenovationExperts.com, and ReliableRemodeler.com. In such a case, you will also be subject to the terms and conditions of that particular website or network.

The service professionals are not employees or agents of HomeBlue, nor is HomeBlue an agent of the service professionals. HomeBlue 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 service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE HOMEBLUE AND CDVM (AND OUR OFFICERS, DIRECTORS, AFFILIATES, 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 HOMEBLUE 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.

» Code of Conduct

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the System will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the System to:

- To intimidate, 'stalk', or otherwise harass another;

- For any purpose in violation of local, state, national, or international laws;

- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or use or attempt to use another's account without authorization from CDVM;

- Harvest or collect email addresses or other contact information of from our System by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

- Use the System in any unlawful manner or in any other manner that could damage, disable, overburden or impair the System, including but not limited to viruses and computer code;

- Use automated scripts to collect information from or otherwise interact with the System;

- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

- Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

- Upload, post, transmit, share, store or otherwise make publicly available on the System any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of CDVM, is objectionable or which restricts or inhibits any other person from using or enjoying the System, or which may expose CDVM or its users to any harm or liability of any type.

- To transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

» Articles, Directories, & Other Public Content

CDVM assumes no specific or implied liability in the interpretation, use, misuse of or subsequent communication of editorial content contained within our Web Site. The material in this site is provided for personal, non-commercial, educational and informational purposes only and does not constitute a recommendation or endorsement with respect to any company or product. CDVM makes no representations and specifically disclaims all warranties, express, implied or statutory, regarding the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any material contained in this site. You should seek the advice of a professional regarding your particular situation.

» Your Information - Definitions & Responsibilities

"Your Information" is defined as any information post or other material you provide through the use of our System. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information.

"Your Public Information" is Your Information that you submit or make available for inclusion on publicly accessible areas of our website (which are areas available to Members or to the general public).

"Your Private Information" is any other portion of Your Information (areas restricted to your viewing only and to CDVM).

- You understand that your Public Information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.

- You, and not Street, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our System. We do not endorse any opinions expressed by you or other users. You understand that by using our System you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Public Information.

- You agree that under no circumstances will CDVM, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our System, or for any failure to correct or remove information.

- We do- We do not claim ownership of Your Information. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant CDVM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

- Consent to Disclosure. You acknowledge and agree that CDVM may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Statement or the Terms of Service Agreement, (c) CDVM to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of CDVM, its employees, users and the public.

» User Disputes

You are solely responsible for your interactions with other CDVM users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

» Third Party Links & Marketing Partners

The HomeBlue.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of HomeBlue.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that CDVM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that CDVM is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release CDVM, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

» Governing Law

By visiting or using the Site and/or the Service, you agree that the laws of the United States, Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CDVM or any of our affiliates.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Virginia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Virginia.

» Arbitration

YOU AND YOU AND CDVM AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose. 

» Representations & Warranties

You represent and warrant to CDVM that (i) You are authorized to enter into this Agreement, either on behalf of Yourself or on behalf of the Business You represent, and fulfill and perform the Obligations and Obligations of a Business specified herein, and (ii) You and/or Your Business has all required permits, licenses, and other governmental authorizations and approvals to use the Site and Services.