User Terms & Conditions
The website www.HomeTool.com, our mobile app and any versions integrated into our marketing affiliates’ websites (together “Website”) are offered by HomeTool.com, Inc. (“HomeTool”, “we”, “us”, “our”) to users (“you”, “your”, “Member(s)”) and all appointments scheduled on your behalf, savings offered to you, and information provided by HomeTool are conditioned on your acceptance without modification of the following terms, conditions and notices (“Terms & Conditions” or “T&Cs”). We may amend these T&Cs by posting a revised version on our Website. These T&Cs were updated November 11, 2021.
Member benefits (“Membership(s)”) are offered on the Website. Memberships are available for use only at the home address you provide upon sign up. Memberships allow enrollees (“Member(s)”) to use our Website to schedule online appointments for home repair, maintenance and improvement services (together “Appointment(s)”) with independent, third-party, residential service contractors (“Pro(s)”). In addition, HomeTool asks Pros to offer our Members 20% savings on labor up to a maximum savings of $2,000 per Appointment (the “Savings”). Member Savings are not guaranteed for every appointment. For recurring Appointments, such as weekly pool or maid service, the first 3 visits would be eligible for potential Savings. Because not all Pros offer Savings, You must confirm the availability of the Savings and the Savings amount with your Pro before requesting the work be performed, and the Pro will credit your Savings in the Pro’s invoice to you at the time of sale. Savings are not guaranteed, may not be offered by all Pros and are not paid to you by HomeTool. Pros will not allow You to combine these Savings with other discounts or offers which Pros may offer.
Each Membership begins on sign-up date, has a monthly term, automatically renews each month and cannot be transferred. You may cancel your Membership at any time, although we do not provide refunds. You authorize us to obtain updated or replacement credit or debit card expiration dates or card numbers from your card issuer.
If you book an Appointment for a Pro on our Website who has not connected their online calendar to HomeTool, we will contact the Pro on your behalf to schedule an Appointment, and then confirm it with you. If the Pro you select is not available, we will make reasonable efforts to arrange an Appointment with another Pro, and then confirm it with you.
If you are not satisfied with HomeTool for any reason, we will refund you one month’s paid membership fee, which shall be your sole remedy and our sole liability under these T&Cs (“Guarantee”).
You can receive periodic notifications from HomeTool with seasonal maintenance suggestions offered by Pros. You are not obligated to purchase these services. Further, HomeTool does not guarantee or warrant any such service or represent that any such service will prevent the failure of, or extend the life of, a mechanical or structural system or other system or component of your home.
ASK AN EXPERT:
You can submit questions about your home to a team of experienced professionals that HomeTool has provided for such a purpose. These professionals may be compensated by HomeTool, but they are not employees of HomeTool. They will use commercially reasonable efforts to respond to your questions about your home with recommended solutions based on their knowledge and experience. You are not obligated to perform these proposed recommendations. Further, HomeTool does not guarantee or warrant any such proposed recommendation or advice.
DISCLAIMERS AND LIMITS OF LIABILITY:
You agree that HomeTool, its employees, independent subcontractors, distributors, resellers and marketing affiliates, and their respective employees and agents (together, the “HomeTool Parties”), have no control over, or supervision of, and are not liable for the actions or omissions of, or any defects or deficiencies in, the products or services provided by any Pro, its employees or subcontractors. You agree that Pros are independent, third party contractors and are not subcontractors or affiliates of HomeTool. At your option, you may decide to enter into a contract with a Pro. Your rights under contracts you enter into with the Pro are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with respect to any work performed by your Pro, you agree to address it directly with the Pro. HOMETOOL DOES NOT ENDORSE OR RECOMMEND ANY PRO AND IS NOT A COUNTERPARTY TO ANY TRANSACTION THAT YOU AND THE PRO MAY ENTER INTO AS A RESULT OF USING HOMETOOL.COM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF HOMETOOL.COM IS NOT INSURANCE, DOES NOT CREATE ANY INSURANCE COVERAGE, AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IS NOT A HOME WARRANTY. THE HOMETOOL PARTIES AND THE PROS ARE NOT OBLIGATED TO PROVIDE YOU WITH ANY SUCH COVERAGE, AND THESE T&CS DO NOT CREATE OR IMPOSE ANY DUTY TO REPAIR OR REPLACE THE SUBJECT MATTER OR OBJECT OF ANY SERVICES PERFORMED BY A PRO, OR REIMBURSE YOU FOR ANY SUM OF MONEY IN CONNECTION WITH SUCH SERVICES. FINALLY, WE ARE NOT RESPONSIBLE IF WE CANNOT FIND A PRO IN YOUR AREA, FOR PROS WHO DO NOT SHOW FOR APPOINTMENTS OR FOR 24 HOUR / EMERGENCY SERVICE.
HomeTool is solely responsible for making its online scheduling service available to Members, for communicating to Members the potential Savings offered by Pros, and for its Guarantee. HomeTool makes reasonable efforts to display Pros on its Website that are highly-rated by the Better Business Bureau (“BBB”) by viewing their listing at the BBB.org website. However, HomeTool does not warrant or represent that the Pro’s BBB rating was previously or remains highly rated at any time and disclaims any obligation to monitor for or communicate any such change in rating. Further, if a specific service for a zip code has few or no such highly-rated Pros, we may display or schedule Pros who are not highly-rated or rated at all. HOMETOOL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED RELATING TO DISPLAYING PROS ON ITS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT OUR WEBSITE DISPLAY PROCEDURES ARE SUFFICIENT, ACCURATE, TIMELY OR ERROR FREE. WE MAKE NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE RATINGS, REVIEWS, LICENSING, BONDING OR INSURANCE OF ANY PRO DISPLAYED AT HOMETOOL.COM. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE PRODUCTS OR SERVICES PROVIDED BY ANY PRO SCHEDULED THROUGH HOMETOOL.COM. FURTHER, YOU WAIVE ALL CLAIMS AGAINST US AND THE HOMETOOL PARTIES FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, AND YOU AGREE THAT HOMETOOL’S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE STRICTLY LIMITED AND, IN NO EVENT, GREATER THAN THE PAYMENTS YOU MAKE TO HOMETOOL, EXCEPT IN THE CASE OF THE GUARANTEE, WITH RESPECT TO WHICH HOMETOOL’S LIABILITY IS FURTHER LIMITED AS PROVIDED IN THE “GUARANTEE” PARAGRAPH ABOVE.
You acknowledge and agree that the Website is provided to you on an “as is” basis. These T&Cs will inure to the benefit of our successors and assigns. If any provision of these T&Cs shall be deemed unlawful or unenforceable, such provision shall be stricken and shall not affect the enforceability of the remaining terms. Our failure to enforce any provision of these T&Cs shall not constitute a waiver. You agree that any claim or cause of action related to use of the Website, Memberships, Savings or these T&Cs must be filed as a demand for arbitration, as provided below, within two years and one day after such claim or cause of action arose or is forever barred. The paragraph titles contained herein are for convenience only, and will not affect the interpretation or construction of paragraph provisions. These T&Cs are the entire agreement between you and HomeTool and supersede any prior or contemporaneous oral or written negotiations or representations with respect to their subject matter.
Any dispute arising out of these T&Cs or the relationship of the parties created hereby will be decided in Houston, Texas by final, binding and mandatory arbitration to be administered by the American Arbitration Association and conducted pursuant to the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The non-prevailing party in arbitration shall pay the other party’s arbitration costs, including American Arbitration Association filing fees, arbitrator fees and expenses, and attorneys’ fees. Any award rendered in arbitration may be confirmed by a court of competent jurisdiction, which the parties agree will be the state or federal courts located in Harris County, Texas. This contract, and all substantive aspects of the dispute, shall be governed by the laws of the state of Texas, but, except as to the process for confirmation or vacating of awards, no state arbitration laws shall apply. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AGREEMENT TO ARBITRATE, YOU UNDERSTAND THAT YOU ARE WAIVING ALL RIGHTS TO A TRIAL BY JURY AND TO BRING A DISPUTE AS A PLAINTIFF OR CLASS MEMBER IN ANY LITIGATION OR AS A CLASS MEMBER IN ANY SUCH ARBITRATION.
Email info@HomeTool.com or Text 888-895-0385