Terms and Conditions

This Website is offered to you, conditioned on your acceptance without modification, of the following terms and conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms and Conditions, you may contact us at info@repairtime.com. We may amend these Terms and Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms and Conditions were last updated on 11/23/08.

  1. INTRODUCTION TO REPAIRTIME. Upon your registration, an email address is required and will be used as your login username. You will also be asked to establish a password and to confirm that password.

  2. REPAIRTIME SERVICES. At RepairTime, we are committed to making your RepairTime experience a positive one. Upon entering your information and the service request for which you would like a service provider, we will attempt to provide you with a service provider that has been invited to participate in the RepairTime network by someone known to you, or known by someone connected to you in the network that has used the services of the service provider in the past. Service providers presented to you will include a reference to the referring party within your network. If we are unable to identify a service provider sufficiently connected to you within the network, we will endeavor to identify another service provider participating within the RepairTime network in your area, albeit not connected to you.

    However, we do not guarantee that we will be able to match your service request with a service provider or that there are service providers in your area that are capable or willing to complete your service needs. We make no guarantees or representations regarding the skills or representations of such service providers or the quality of the job that they perform for you if you elect to retain their services. RepairTime does not endorse or recommend the services of any particular service provider. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service provider, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service providers who participate in the RepairTime network are not employees or agents of RepairTime, nor is RepairTime an agent of these service providers. RepairTime 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 providers are governed by the terms of such contracts and by applicable federal, state and local laws. Should you have a dispute with any service provider, you must address such dispute with the service provider directly, AND YOU HEREBY AGREE TO RELEASE REPAIRTIME (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL) 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 PROVIDERS.

  3. RESOLUTION PROCESS. While we cannot guarantee the work performed by the service providers, and while we have no obligation to you with regard to your relationship with a service provider, RepairTime will try and assist you in resolving any workmanship problems that may arise in the course of a home repair or improvement service request and which may be the fault of a service provider who you learned about through RepairTime. We may, upon your request, provide limited assistance in resolving disputes between you and a service provider. You must participate and use good faith efforts to resolve problems through our resolution process. If, in the sole discretion of RepairTime, we determine that you have not participated and cooperated in good faith in the resolution process, RepairTime may terminate its efforts in resolving the problems. Such limited assistance in no way nullifies the release and indemnification described in these Terms and Conditions.

  4. INFORMATION YOU PROVIDE TO US. Upon using the RepairTime services, you will be asked to disclose certain information about yourself and your service requests, and you will be able to store certain information on our Website. Some of this information will be sent to service providers who will need this information to respond to you or to other persons or entities in connection with our business. 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 service providers via telephone, fax, email, or mail or any other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, or local “Do Not Call” list, in order that we may provide the services requested by you, to service your account, and to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business. For complete details and information regarding 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 RepairTime and its service providers and therefore agree to be contacted by RepairTime and/or its service providers. You promise that all information 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 RepairTime has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RepairTime has the right to refuse any current or future use of the RepairTime services by you. You are responsible for any use of the RepairTime services by persons to whom you intentionally or negligently allow access to your password.

  5. YOUR USE OF REPAIRTIME SERVICES. You acknowledge and agree that your use of RepairTime services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the RepairTime Website, including but not limited to Service Provider Profiles, ratings and reviews, including those posted by you, is the sole and exclusive property of RepairTime, 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. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to RepairTime for any such damages, and will indemnify RepairTime in the event of any third party claims against RepairTime based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the RepairTime Website and services at any time. All information about service providers is confidential and for your personal use only. If it is determined or suspected by RepairTime in its sole discretion that you are misusing or attempting to misuse or circumvent RepairTime services or systems, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as circumventing, hacking, infiltrating, fraud, advertising, jamming or spamming, RepairTime 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.

    TO KNOWINGLY INPUT FALSE INFORMATION, INLCUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS TO REPAIRTIME AND ITS SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUESTS, 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 SOMEONE 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 REPAIRTIME AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) $20,000 TO REPAIRTIME AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER, PER IMPROPER SUBMISSION, PLUS ANY ATTORNEY’S FEES, COSTS AND EXPENSES 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 ACTIVITIES, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.

  6. POSTING RATINGS AND REVIEWS ON REPAIRTIME WEBSITE. RepairTime reserves the right, but not the obligation, to refuse to post or to remove any Review if RepairTime determines, in its sole discretion, that it contains or features any of the following:

    1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech.
    2. References to illegal activity.
    3. Reviews that do not address the goods and services of the business or reviews with no qualitative value.
    4. Language that violates the standards of good taste or the standards of this Website.
    5. Comments regarding the services of a different service provider.
    6. Information related to work not part of the service request.
    7. Statements that are or appear to be false.
    8. Comments that disparage RepairTime.

    Further, the review writer must provide permission to RepairTime to contact the service provider about their service request. If a dispute arises between a consumer and a service provider, the rating submitted may be held in pending status until resolution is reached.

  7. RATINGS AND REVIEWS ARE NOT ENDORSED BY REPAIRTIME. All ratings and reviews of a service provider displayed to you reflect the opinions of other Registered Members and do not reflect or represent the opinions or representations of RepairTime. RepairTime disclaims any and all representations or warranties with regard to Ratings and Reviews. Reviews do not reflect the views of RepairTime, its officers, directors, shareholders, or employees. RepairTime does not assume responsibility or liability for any reviews or for the claims, damages, or losses resulting from any use of the Website or any of the materials contained therein.

  8. CASH REWARDS PROGRAM. RepairTime offers a Cash Rewards Program to its Registered Members as an incentive to participate in and to use the RepairTime Website. The Cash Rewards Program is designed to provide a cash incentive for homeowners who -

    1. Become Registered Members of the RepairTime referral network;
    2. Invite friends, family, and neighbors to become Registered Members of the RepairTime network;
    3. Invite home repair and improvement service providers they have used in the past twelve months to become participating Registered Providers within the RepairTime network;
    4. Submit their home repair and improvement Service Requests through the RepairTime network; and who
    5. Submit Service Request Ratings and Reviews through the RepairTime Website regarding the service experience they receive pertaining to Service Requests they have submitted through the RepairTime network.

      6. The Cash Rewards Program is based upon a points system, whereunder homeowners earn points, bonus points, and super bonus points for specific activities conducted through the RepairTime Website. Homeowners will earn 1,000 points when they become a Registered Member by completing and submitting the registration/signup information at the RepairTime Website. In addition, Registered Members will earn the following points for each occurrence of the following described activities -

    6. A new member registration/signup resulting from a New Member Invitation to friends, family, and neighbors submitted through the RepairTime Website by the Registered Member - 100 points;
    7. A new service provider registration/signup resulting from a New Service Provider Invitation submitted through the RepairTime Website by the Registered Member - 100 points;
    8. The submission of a Service Request through the RepairTime Website by the Registered Member resulting in RepairTime issuing a Service Request lead to a participating RepairTime Registered Provider, and provided a rating and review scorecard is submitted by the Registered Member - 200 points.
    9. A Registered Member has the opportunity to earn Bonus Points under 8(vi), 8(vii), or 8(viii) above by completing at least 5 such occurrences in any, or all, of those categories. Bonus points will have the effect of doubling the points awarded under 8(vi), 8(vii), and 8(viii). In other words, and by way of example, a Registered Member who submits at least 5 online New Member Invitations to friends, family, and neighbors resulting in the invitees becoming Registered Members at the RepairTime Website, will earn 200 points per each occurrence in this category, as opposed to the 100 points referenced under 8(vi) above.
    10. A Registered Member has the additional opportunity to earn Super Bonus Points equal to 10,000 points by completing at least 5 such occurrences in each of the categories 8(vi), 8(vii), and 8(viii) above.

      11. RepairTime will track and report the Rewards Points earned by each Registered Member. Registered Members will be able to view the Rewards Points they have earned by login to their account at the RepairTime Website.

      As the end of each year, December 31st, the cumulative points earned by each Registered Member are used to determine the amount of their cash rewards check. The amount of each Registered Member’s rewards check for any given year is based upon the Rewards Points accumulated by each eligible Registered Member as of December 31st of the subject year as a percentage of the total of all Rewards Points accumulated by all of the eligible Registered Members, as of December 31st of the subject year. The percentage as calculated for each eligible Registered Member is multiplied by the dollar amount accumulated within the Cash Rewards Reserve Pool, the result of which represents the amount to be paid to the eligible Registered Member, provided the amount is greater than, or equal to, $1.00. Rewards checks will be mailed to eligible Registered Members on or before February 15th each year.

      RepairTime will set aside ten percent (10%) of the gross revenue it realizes from the lead generation fees it collects from service providers participating in the RepairTime Website to fund the Cash Rewards Reserve Pool. Deposits to the Cash Rewards Reserve Pool bank account, as required, will be funded no less frequent than monthly.

      At the start of each new year (January 1st), the Rewards Points for each of the Registered Members are reset to 1,000 points each. Rewards Points are not carried over from year to year, excepting the 1,000 points automatically granted each Registered Member.

      Rules for Eligibility -

    11. You must be a Registered Member of the RepairTime Website.
    12. You must be at least 21 years of age to participate in the Cash Rewards Program.
    13. You must complete a minimum of each of the following during the Measurement Period -
      1. For the Initial Membership Period -
        1. submit a minimum of 3 New Member Invitations resulting in at least 3 invitees becoming Registered Members;
        2. submit a minimum of 3 New Service Provider Invitations resulting in at least 3 invitees becoming a Registered Provider;
        3. submit a minimum of 3 Service Requests resulting in a minimum of at least 3 Service Request Ratings and Reviews.
      2. For the Subsequent Membership Periods -
        1. submit a minimum of 3 New Member Invitations resulting in at least 3 invitees becoming Registered Members;
        2. submit a minimum of 3 Service Requests resulting in a minimum of at least 3 Service Request Ratings and Reviews.
    14. Failure to meet the minimum requirements under 8(xiii) above during the applicable Measurement Period will not prohibit eligibility in future Measurement Periods, provided the Registered Member meets the minimum requirements during that future Measurement Period.
    15. Rewards Points cannot be transferred to another Registered Member.
    16. Officers, directors, shareholders and employees of RepairTime, or any of its affiliates, are not eligible to participate in the Cash Rewards Program.
    17. Definitions -
      1. Initial Membership Period - means from that day which a homeowner becomes a Registered Member through December 31st of that same year;
      2. Measurement Period - means a calendar year beginning January 1st and ending on December 31st;
      3. New Member Invitation - means a Registered Member has completed the Invite Homeowner page at the RepairTime Website;
      4. New Service Provider Invitation - means the Registered Member has completed the Invite Service Provider page at the RepairTime Website;
      5. Registered Member - means a homeowner who has completed the Homeowner Signup page at the RepairTime Website and has obtained and maintained an active username and password to gain access to the RepairTime login area;
      6. Registered Provider - means a service provider who has completed the Service Provider Signup page at the RepairTime Website and has obtained and maintained an active username and password to gain access to the RepairTime login area;
      7. Rewards Points - shall have the meaning as described under section 8 above;
      8. Service Request - means the Registered Member has completed the New Service Request pages at the RepairTime Website and has received a request confirmation;
      9. Service Request Rating and Review - means the Registered Member has completed the Rating and Review page at the RepairTime Website in connection with a submitted Service Request;
      10. Subsequent Membership Period - means each calendar year following the Initial Membership Period.

  9. Launch Dollars. RepairTime is offering a limited time special financial incentive called "Launch Dollars" to the first 1,000 registered members at its Website. This campaign commences with the launch of its Website, currently scheduled for January 15, 2009, and will run through April 15, 2009, unless terminated sooner at the sole discretion of RepairTime. Registered members must provide all information requested at the Signup Screen for homeowners. To be eligible, registered members must be -
    1. At least 21 years of age at the time of registration;
    2. Own or rent a single family residence, and;
    3. There must be only one registered member per household.
      Launch Dollars will be credited to registered members for each instance of the following described activities in the dollar amount stated -
    4. $2.00 - for completing the online registration process at the RepairTime Website (limit of one registration per household);
    5. $1.00 - for each friend, family and neighbor you invite who becomes a registered member at RepairTime, and;
    6. $2.00 - for each service provider you have used in the past who you invite who becomes a registered participating service provider at RepairTime.

    In order to receive credit under 9(e) and 9(f) above, registered members must use RepairTime’s online invitation system. Launch Dollars will not be credited for invitees who are already registered members of the RepairTime network.

    The payment of Launch Dollars rewards will be limited to a maximum of $100.00 per eligible registered member. The payment of Launch Dollars will be made within a reasonable period of time following the close of the Launch Dollar campaign at the discretion of RepairTime.

    TO KNOWINGLY INPUT FALSE INFORMATION, INLCUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS TO REPAIRTIME AND ITS SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUESTS, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION AT THE REPAIRTIME WEBSITE, INCLUDING BUT NOT LIMITED TO FICTITIOUS NAMES, E-MAIL ADDRESSES, PHYSICAL ADDRESSES OR PHONE NUMBERS OR RANDOM OR MADE UP NAMES, ADDRESSES, E-MAILS OR PHONE NUMBERS. IN ADDITION, THE USE OF ALIAS E-MAIL ADDRESSES ASSOCIATED WITH ANOTHER E-MAIL ADDRESS REGISTERED WITHIN THE REPAIRTIME WEBSITE IS STRICTLY PROHIBITED IF IT IS DETERMINED IN THE SOLE DISCRETION OF REPAIRTIME THAT THEIR USE IS/WAS INTENDED TO CIRCUMVENT THE SPIRIT AND INTENT OF THE LAUNCH DOLLAR CAMPAIGN. REPAIRTIME RESERVES ALL RIGHTS, IN ITS SOLE DISCRETION, TO IMMEDIATELY DISQUALIFY PARTICIPATION, WITHOUT PAYMENT, IN THE LAUNCH DOLLAR CAMPAIGN AND TO OTHERWISE PURSUE APPROPRIATE LEGAL ACTIONS OR PROCEEDINGS TO SEEK REMEDIES AND/OR DAMAGES IF IT BELIEVES OR HAS REASON TO BELIEVE SUCH ACTIVITIES ARE OCCURRING.

  10. INDEMNIFICATION. YOU AGREE TO INDEMNIFY REPAIRTIME, AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS 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 REPAIRTIME SERVICES OR IN CONNECTION WITH THE REPAIRTIME WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

  11. GENERAL PROVISIONS. You acknowledge and agree that the RepairTime services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and RepairTime’s sole obligation to you or any third party for any claim arising out of your use of the RepairTime services and Website, is that you are free to discontinue your use of the RepairTime services and Website at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, REPAIRTIME 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 REPAIRTIME SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF REPAIRTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of RepairTime’s 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 RepairTime 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 the use of the RepairTime services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or forever be 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 State of Arizona as such laws are applied to agreements entered into and to be performed entirely in the State of Arizona and between Arizona residents. You agree to submit to jurisdiction in Arizona and that any claim arising under these Terms and Conditions will be brought in a court in Maricopa County, Arizona.