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Membership Agreement
The Find A Pro Incorporated agreement is a legal document
that details your rights and obligations as a Find A Pro member.
You cannot become an member until you have accepted the terms of
this Member Agreement. The Member Agreement provides very important
information about your membership, so you should take the time to
read and understand it. If you have questions about the Member Agreement,
or about your rights and responsibilities as an member, please contact
us by e-mail at membership@TotalHomeRenovations.com
1. THE BASICS OF YOUR FIND A PRO MEMBERSHIP
This Agreement is your entire agreement with Find A Pro Incorporated
and governs your use of our Find A Pro online service.
There may be additional terms and conditions if you use additional
services like our promotional products. To become a member, you
must be at least 18 years of age.
When you accept this agreement and complete our registration process,
you become the "master membership" holder, and Find A Pro Incorporated
provides you with a limited, non-exclusive Find A Pro
membership for no more than the term of this agreement. It is important
that you not reveal your password to other users and Find A Pro Incorporated
will never ask you for your password. You agree
not to reveal your password to other users and you agree to indemnify
and hold Find A Pro Incorporated harmless for any improper
or illegal use of your membership. This includes illegal or improper
use by someone to whom you have given permission to alter your membership
information. Your membership is at risk if you let someone use it
inappropriately.
2. CHARGES and BILLING
Find A Pro Incorporated reserves the right to change our fees
unless you remain a continued member from your first date of registration.
With your continued annual membership renewal, Find A Pro Incorporated
guarantees that your base Find A Pro membership fee, excluding
additional promotional services, will never increase. By accepting
this agreement and completing our registration process, you accept
a 1 year Find A Pro membership with automatic renewal, and also
that Find A Pro Incorporated has the right to collect applicable
taxes. The answers to many common billing questions can be found
by contacting a Find A Pro Incorporated customer service representative
at 1-866-Total HR. (1-866-868-2547) The first billing date is the
first day of the first month following membership activation. The
annual automatic renewal date is the yearly anniversary date of
first billing.
The customer agrees to pay Find A Pro Incorporated either
a recurring monthly or annual membership fee during the term of
this agreement as indicated in clause 3 (a). If paying monthly,
the payment will initiate on the first day of the first month following
membership registration and subsequent months unless the agreement
is terminated pursuant to clause 3 or clause 4.When paying annually
for membership fees , a 10% discount will be applied on the gross
amount, before taxes. The payment will initiate on the first of
the month following membership activation and subsequent years following
via automatic annual renewal unless the agreement is terminated
pursuant to clause 3 or clause 4.
Find A Pro Incorporated requires you to pay your monthly
or annual membership fees on time. We will give you 30 days from
your billing date to pay your outstanding current fees. If any amount
owing under this agreement becomes more than 15 days overdue, we
may without notice suspend performance of the services until payment
is made. Find A Pro Incorporated will assess an additional
1.5% (or the highest amount allowed by law, whichever is lower)
per month late charge if your payment is more than 30 days past
due. That amount is also due immediately. In the event of default
or non-payment, you are responsible and liable for any fees, including
attorney and collection fees, that Find A Pro Incorporated
may incur in its efforts to collect any remaining balances from
you. You also agree that you will be billed for and will pay any
outstanding balances if you cancel your membership or are terminated.
3. Term
(a) Unless otherwise terminated pursuant to our money-back guarantee
(clause 4), the initial term of this agreement is for one year from
the first billing date of this agreement. This agreement will automatically
renew for additional terms of 1 year each unless either party notifies
the other in writing at least 7 days prior to the automatic annual
renewal date that it does not wish to renew this agreement.
(b) In the event that either party is materially in default of
the performance of it's obligations, pursuant to this agreement,
the non-defaulting party, by giving notice to the other, may terminate
this agreement for cause as of the date specified in such notice
of termination provided that 15 days notice to correct such default
has been given.
4. Money Back Guarantee
You Have the added peace of mind of our money-back guarantee if
you are not satisfied with your Find A Pro membership after 1 month
of service effective from the first billing date. The first billing
date is the first day of the first month following membership activation.
To obtain a full refund for membership fees paid under this clause
you are required to contact a Find A Pro Incorporated customer
service representative at 1-866-Total HR. (1-866-868-2547) within
31 days of your first billing date.
5. Limitation of Liability
YOU AGREE THAT USE OF THIS SITES IS AT YOUR SOLE RISK. THE SITE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIND A PRO INCORPORATED
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES
OR THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING
WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF ACCURACY,
COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR APPLICATIONS
AVAILABLE THROUGH THE SERVICE. NOR IS THE SERVICE GUARANTEED TO
BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL HAVE ANY FUNCTION
OR PERFORM ANY CAPABILITY. FIND A PRO INCORPORATED,
ITS AFFILIATES, AGENTS AND LICENSORS AND THEIR DIRECTORS, OFFICERS,
AND EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE TO THE CUSTOMER OR THIRD
PARTIES FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDED BUT
NOT LIMITED TO CONSEQUENTIAL OR INCIDENTAL DAMAGES, INDIRECT, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICES OR FOR ANY CLAIM
BY ANY OTHER PARTY, EVEN IF FIND A PRO INCORPORATED
HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. THE LIMITATION
ON LIABILITY CONTAINED IN THIS AGREEMENT SURVIVE THE TERMINATION
OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
THE MAXIMUM LIABILITY OF FIND A PRO INCORPORATED
TO ITS MEMBER COMPANIES FOR WHATEVER REASON IS LIMITED TO THE LESSER
OF CDN $50.00, OR ANY UNUSED ANNUAL MEMBERSHIP FEE PRORATED OVER
ITS 12 MONTH USEFUL LIFE AND NO MORE. THE REMEDY THAT IS PROVIDED
IS EXCLUSIVE.
6. INDEMNIFICATION
Upon a request by Find A Pro Incorporated, you agree to defend,
indemnify and hold harmless Find A Pro Incorporated and its
employees, contractors, officers, directors and content providers
from all liabilities, claims and expenses, including attorneys fees,
that arise from a breach of this Member Agreement for which you
are responsible or from the use of Find A Pro Incorporated
or the Internet, or in connection with your transmission of any
Content on Find A Pro Incorporated. Find A Pro Incorporated
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by a Member. In that event, the member shall have no further obligation
to provide indemnification for Find A Pro Incorporated in
that matter.
7. TERMINATION
This membership agreement can be terminated pursuant to clause 3
subsection (A) or (B) and clause 4 by delivering notice to Find A Pro Incorporated
customer service representative at 1-866-Total
HR. (1-866-868-2547) or by sending written notification via electronic
mail to membership@TotalHomeRenovations.com.
Cancellation will take effect within 24 hours of receipt of your
request and Find A Pro Incorporated will send you written
confirmation. If you cancel near the end of your billing date and
are inadvertently charged for the next month's fee contact us at
the toll free number above to have the charges reversed. We reserve
the right to collect fees incurred before you cancel your membership.
8. Force Majeure
Neither party is liable for any delay, interruption or failure in
the performance of its obligations if caused by acts or God, war,
declared or undeclared, fire, flood, storm, slide, earthquake, power
failure, inability to obtain equipment, supplies or other facilities
not caused by a failure to pay, labor disputes, or other similar
event beyond the control of the party affected which may prevent
or delay such performance. If any such act or event occurs or is
likely to occur, the party affected shall promptly notify the other,
giving particulars of the event. The party so affected shall use
reasonable efforts to eliminate or remedy the event and resume performance.
9. Notice
Any notice or communication required or permitted in this Agreement
shall be in writing and shall be deemed to have been duly given
on the day of service if served personally or 3 days after mailing
if mailed by first class mail, registered or certified, postage
prepaid, to the relevant address first written above or to any other
address that a party designates by providing notice.
10. General Provisions
This Agreement is governed by the laws of the province of Nova Scotia.
No waiver of any of the provisions of this Agreement shall be deemed
to constitute a waiver of any other provision nor shall such a waiver
constitute a continuing waiver unless otherwise expressly provided
in writing duly executed by the party to be bound. Neither this
Agreement nor any rights under it may be assigned, transferred,
shared or delegated by the Customer without the prior written consent
by Find A Pro Incorporated. This Agreement sets forth the
entire understanding between the parties and supersedes any prior
discussions or representations of the parties.
For more information, please read our disclaimer.
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