User Terms & Conditions

The website www.pros.hometool.com and any versions integrated into our marketing affiliates’ websites (“Website”) are offered by pros.hometool.com, Inc. (“HomeTool”, “we”, “us”, “our”) to users (“you”, “your”) 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. These T&Cs were updated March 31, 2020. The Website allows you to schedule home service appointments online.

MEMBERSHIP

Member benefit programs (“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 save on home repair, maintenance or improvement appointments (together “Savings”) made using our Website. HomeTool allows Members to save 20% on every appointment up to a maximum savings of $500 per appointment. Parts or equipment purchased on your behalf by the Pro are excluded from Savings, and for services that typically recur, such as maid service, the first three (3) visits are eligible for Savings. Surge Repair 1000 (sold separately) allows Members to save up to $1,000 on repairs to consumer electronics damaged by power surge that are owned by the Member and located at the home address. Surge Repair $1000 is limited to $1,000 in Savings per year and has a $50 diagnosis fee paid to the Pro.

Savings are only for appointments made using our Website, and Savings are provided by independent, third-party contractors (“Pro(s)”), not HomeTool. You must confirm the Savings with your Pro before requesting the work be performed, and the Pro will credit your Savings to the invoice at the time of sale. You cannot combine your Savings with other discounts or offers. Each Membership begins on sign-up date, automatically renews and cannot be transferred. You may cancel at any time, although we do not provide refunds. We may cancel your Membership at any time and refund the prorated fee. 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 who has not connected its 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.

GUARANTEE

If the Pro doesn’t provide their Savings, email the invoice and details to us within fourteen (14) days of service, and we will contact them to determine the correct amount. If we determine the Savings were not applied correctly, we’ll work with the Pro to refund the correct Savings amount to you. If you are not satisfied, or if we are unable to find a Pro to deliver the Savings, we will refund one monthly membership fee to you.

DISCLAIMERS AND LIMITS OF LIABILITY

You agree that HomeTool, its employees, subcontractors, distributors, resellers and marketing affiliates, and their respective employees and agents, (together, the “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 Pros, its employees or subcontractors. You agree that Pros are independent, third parties and are not subcontractors of HomeTool. At your option, you may decide to enter into a contract with a Pro to make use of the Savings offered by them. 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 pros.hometool.com. THIS IS NOT INSURANCE AND NOT A HOME WARRANTY. THE PARTIES AND THE PROS ARE NOT OBLIGATED TO PROVIDE YOU WITH REPAIR OR REPLACE COVERAGE OR REIMBURSEMENT. SOME SERVICE CATEGORIES AND/OR AREAS HAVE LIMITATIONS; WE ARE NOT RESPONSIBLE IF WE CANNOT FIND A PRO OFFERING SERVICE OR SAVINGS, OR FOR PROS WHO DO NOT SHOW FOR APPOINTMENTS.

HomeTool is solely responsible for making its online scheduling service available and for communicating to Members the Savings offered by Pros. HomeTool makes reasonable efforts to display Pros on its Website that are A-rated by the Better Business Bureau (“BBB”) by viewing their listing at the BBB.org website upon set up. However, HomeTool does not warrant or represent that the Pro’s BBB rating remains A-, A or A+ at any time. Further, if a specific service for a zip code has few or no Pros rated A by the BBB, we may display Pros who are not rated by the BBB or rated below A-. HOMETOOL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED RELATING TO DISPLAYING PROS ON ITS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, 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 OR INSURANCE OF ANY PRO AT pros.hometool.com. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE PRODUCTS OR SERVICES PROVIDED BY ANY PRO DISCOVERED AT AND/OR SCHEDULED ON pros.hometool.com. WE HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES. FURTHER, YOU WAIVE ALL CLAIMS AGAINST US AND THE PARTIES FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, AND YOU AGREE THAT ANY LIABILITY SHALL BE STRICTLY LIMITED AND, IN NO EVENT, GREATER THAN THE PAYMENTS YOU MADE TO HOMETOOL (IF APPLICABLE).

TCPA CONSENT

Info you provide will be sent to Pros to respond to your request. You consent to being contacted by us or by the Pro via phone, email or text even if you are listed on any “Do Not Call” list. Text and data charges may apply. See Privacy Policy on our Website.

GENERAL PROVISIONS

You acknowledge and agree that the Website is provided to you on an “as is” basis without any warranty. Your sole and exclusive remedy, and our sole obligation to you or any third party for any claims arising out of the use of the Website, is that you are free to cancel your Membership and/or discontinue your use of the Website. 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 by a court of competent jurisdiction, then that provision shall be appropriately modified to make it enforceable. If modification is not possible, 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 regardless of any statute or law to the contrary, any claim or cause of action related to use of the Website, Memberships, Savings or these T&Cs must be filed within one (1) year after such claim or cause of action arose or be forever barred. T&C section titles are for convenience only. These T&Cs are governed by the laws of the state of Texas. You agree to submit to jurisdiction in Texas and that any claim arising from, or related to, these T&Cs will be brought in a court in Harris County, Texas. These T&Cs are the entire agreement between you and HomeTool and supersede any oral and written negotiations or representations with respect to the subject matter.

ARBITRATION

Any dispute will be decided in Houston, Texas by final, binding and mandatory arbitration conducted pursuant to the Federal Arbitration Act, except as noted below, and pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The non-prevailing party in arbitration shall pay the other party’s reasonable costs and attorneys’ fees. This contract, and all substantive aspects of the dispute, shall be governed by the laws of the state of Texas, but no state arbitration laws shall apply. YOU WAIVE ALL RIGHTS TO A TRIAL BY JURY AND TO BRING A DISPUTE AS A PLAINTIFF OR CLASS MEMBER IN ANY LITIGATION OR ARBITRATION.

CONTACT

info@pros.hometool.com