CANVAS YOUR HOME SERVICE PROVIDER AGREEMENT
Updated: April 20, 2018
This Agreement (“Agreement”) governs the relationship between Canvas Your Home, Inc. (“Canvas Your Home” or “We” or “Us) and a Service Provider and respective d/b/a’s, affiliates, agents, employees, representatives, and subcontract (“You” or “Company or “Service Provider”). You are permitted to use the website https://canvasyourhome.com (the “Website”) and the information contained therein subject to the terms and conditions contained in this (“Agreement”), which may be modified, amended, or replaced by Canvas Your Home from time to time at Canvas Your Home sole discretion.
In consideration of Canvas Your Home granting the Company access to its Website and the information therein, You must read and accept all of the Terms and Conditions herein this Agreement. By accepting the Terms and Conditions of this Agreement the Company acknowledges it has read, understands, and agrees to be bound by all of the Terms, Conditions, and Notices contained in this agreement just as if you had physically signed this Agreement.
THIS AGREEMENT CONTAINS BINDING ARBITRATION PROVISION AND CLASS ACTIONS WAIVER WHICH AFFECTS YOUR LEGAL RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY.
- Terms and Conditions. The Company agrees to all Terms and Conditions of this Agreement and represents, on behalf of you, your company (including any predecessor entities of your company), d/b/a’s, employees, and any individuals performing work on your behalf, at the time you become a Canvas Your Home Service Provider, and thereafter while this Agreement remains in effect, as follows:
- Canvas Your Home provides to Service Providers
- Fee Structure : Canvas Your Home is free for homeowners. There are no sign-up fees or membership dues for Homeowners and Service Providers. Service Providers pay per lead, priced individually by category.
- (“Services”): Canvas Your Home offer homeowners access to find Service Providers that meet their home remodeling needs. Canvas Your Home acts as a third party connection between a Homeowner and a Service Provider. Canvas Your Home does not take part in physically connecting a Homeowner or Service Provider via telephone or email and Canvas Your Home has no part in the contractual agreement or work completion. Canvas Your Home solely provides work request information, called Leads, from a Homeowner to a Service Provider.
- (“Homeowner”): A person that is named on the deed or title of the home who is looking for a Service Provider and therefore generates Leads.
- (“Leads”): Compiled information, which includes name, address, phone number, specific work request, generated by Homeowners who need a Service Provider.
- To be a Canvas Your Home Service Provider, you must be at least 18 years old and can form legally binding contracts under applicable law. By applying with Canvas Your Home, you represent that you are eligible.
- The Company is qualified and capable of performing the services, trade, or tasks you identified in the
- The Company, and at all times will be, properly and fully licensed, bonded and insured (at levels in accordance with applicable industry standards – least $1,000,000 in insurance coverage) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify Canvas Your Home promptly of any such changes to your licensing, bonding or insured status. If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
- You agree that You and your Company are strictly prohibited from contacting any Homeowner(s) after a Lead is no longer active. A Lead is active for 30 days after Homeowner submits a Lead. You are strictly prohibited from contacting any Homeowner after 30 days from the initial Lead date, unless the homeowner, at the time of the initial Lead, agrees to be added to Your calling/mailing list. You also agree to immediately remove any Homeowner(s) from any calling/mailing list upon request from the Homeowner. If the Homeowner should reopen a Lead, You will be notified of the reactivation with no additional fee.
- Canvas Your Home is a passive conduit and an interactive computer provider for the publication and distribution of Consumer Content and Service Provider Content. Canvas Your Home does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “Service Provider Content”).
- Canvas Your Home does not endorse and is not responsible or liable for any Consumer Content, Service Provider Content (as defined below), data, advertising, products, and goods or services available or unavailable from, or through Canvas Your Home. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion of Canvas Your Home or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
- The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.
- The Company hereby represents and warrants to Canvas Your Home that (a) all information provided to Canvas Your Home by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to Canvas Your Home. Canvas Your Home is authorized by the Company to rely upon the truthfulness, completeness and accuracy of Service Providers Content in order to serve its Consumers.
- To the extent a third party posts or submits any Service Provider Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any Service Content or information posted or submitted by such third party.
- Under no circumstances is Canvas Your Home liable in any way for any Consumer Content or Service Provider Content including, but not limited to, any Consumer Content or Service Provider Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
- The Company hereby waives any claims, rights or actions that it may have against Canvas Your Home or any of its affiliates or subsidiaries with respect to any Consumer Content or Service Provider Content and releases Canvas Your Home and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or Service Provider Content.
- Canvas Your Home grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of Canvas Your Home members) or Services for any commercial or other purpose, without the express written consent of Canvas Your Home.
- The Company is not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Canvas Your Home to any other party, including any other Canvas Your Home Service Providers.
- The Company acknowledges and agrees that the Company can neither require Canvas Your Home to place the Company on its Website nor remove the Company or any Consumer Content from Canvas Your Home. The Company further acknowledges and understands that the Company is not a Consumer of Canvas Your Home, cannot refer to itself as a Consumer of Canvas Your Home, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer
- Your Content shall not contain any
- Comments that do not address the Consumer Content or comments with no qualitative value as determined by Canvas Your Home in its sole discretion;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
- Language that violates the standards of good taste or the standards of the Website, as determined by Canvas Your Home in its sole discretion;
- Content determined by Canvas Your Home, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
- Canvas Your Home has the sole discretion to remove without notice any Service Provider Content or any portion thereof that Canvas Your Home believes violates the foregoing.
- By posting or providing any content on the Canvas Your Home’s Website, including but not limited to photographs (“Content”), you represent and warrant to Canvas Your Home that you own or have all necessary rights to use the Content, and grant to Canvas Your Home the rights granted below. The foregoing representation includes, but is not limited to a representation and warranty that you have owned or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Canvas Your Home and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to Service Provider Content on the Website, and on any other websites owned or operated by Canvas Your Home. Nothing in this Agreement shall restrict other legal rights Canvas Your Home may have to the Content, for example under other licenses The Company further authorizes Canvas Your Home and affiliates, licensees, sublicenses, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Canvas Your Home account is terminated, or if you remove any Content from your Canvas Your Home account, Canvas Your Home and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by the Company.
- The Company is an independent contractor of Canvas Your Home, and are not a Canvas Your Home employee, joint venture, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Canvas Your Home does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- The Company acknowledges that Canvas Your Home will use the telephone numbers, email addresses and facsimile numbers that are submitted to Canvas Your Home in connection with registering with Canvas Your Home to contact the Company with information regarding Canvas Your Home. Canvas Your Home agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Canvas Your Home, Company agrees that Canvas Your Home may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that Canvas Your Home may market to you. Company acknowledges that this consent may be removed upon request.
- Trademarks and intellectual property of Canvas Your Home will not be used or recreated without written permission.
- The Company agrees to indemnify and hold Canvas Your Home and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Canvas Your Home.
The Company agrees to indemnify and hold Canvas Your Home and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Canvas Your Home with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by Canvas Your Home on its Website or to a third party.
- Governing Law. This Agreement and the relationship between the Company and Canvas Your Home will be governed by the internal laws of the State of New Jersey, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Company may be located or any other jurisdiction. The Company agrees and consents to the exclusive jurisdiction of the state or federal courts located in Burlington County, New Jersey and waives any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Canvas Your Home may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company occurred or where the Company can be found. The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- The exclusive means of resolving any dispute between you and Canvas Your Home or any claim or controversy arising out of or relating to use of this Website and/or Canvas Your Home’s services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Canvas Your Home any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
By using the Website and/or Canvas Your Home’s services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Canvas Your Home (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against Canvas Your Home (except for small-claims court actions) may be commenced only in the federal or state courts located in Burlington County, New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and Canvas Your Home, shall be governed by the laws of the state of New Jersey without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Canvas Your Home may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Canvas Your Home will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
- Canvas Your Home may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Canvas Your Home will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
- The Company will be liable for any attorneys’ fees and costs if Canvas Your Home has to take any legal action (including the retention of a lawyer) to enforce this Agreement or otherwise.
- The Company may terminate this Agreement upon our receipt of your written notice during normal business hours.
- This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Canvas Your Home rights if Canvas Your Home fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and Canvas Your Home agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and Canvas Your Home as a result of this Agreement or use of the Services.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Entire Agreement; Amendment. This Agreement contains the entire agreement of the parties hereto, and may not be changed or amended orally, but only by an agreement in writing expressly purporting to amend this Agreement signed by both parties hereto.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.