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MOLD HELP: Terms and Conditions PDF Print E-mail

Please read this agreement in its entirety.

Welcome to Mold-Help.com!

This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at service@mold-help.com (no attachments or unacceptable language is accepted and will be subject to rejection). We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered effective 30 days from the date such changes take place.

Terms & Conditions: Consumers/Viewers of this site

1. MOLD HELP SOLUTIONS©.

At MOLD HELP©, we are committed to making your total MOLD HELP© experience a positive one. Upon exploring our site you will view MOLD HELP APPROVED© service professionals and products that we have independently evaluated. It is our commitment to provide you with a list of service professionals in your area, if any, who may be interested in fulfilling your service need. We have done everything in our ability to screen and independently evaluate each product and provider. The process includes comprehensive third party background checks, technical third party evaluation, MSDS reviews, safety issues, work ethics and practices (if applicable), and independent laboratory testing (if applicable), and thorough reviews with past customers. Many potential candidates are rejected in the initial process. At times, during the evaluation process, we make mandatory ethical and/or safety procedural recommendations of prospective RESOURCES, if necessary to ensure quality assurance. MOLD HELP©, is not responsible in any way for these recommendations; they are mandated by our technical department as a necessary guideline.

Additionally, we do not guarantee in any way whatsoever, that we will be able to match your service needs with a service professional or that there are service professionals in your area that either is capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed APPROVED RESOURCES, we make no guarantees or representations regarding the skills or representations of such APPROVED RESOURCE or the quality of the job that he or she may perform for you if you elect to retain their services. MOLD HELP© does not and cannot ethically endorse or recommend the services of any particular service professional or laboratory tested product on the site. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of MOLD HELP©, nor is MOLD HELP© an agent of the service professionals or product manufacturers. MOLD HELP© does not perform, and is not responsible for, any of the APPROVED RESOURCES requested by you in your search. Your rights under contracts you enter into with service professionals and purchasing of products are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any APPROVED RESOURCE, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE MOLD HELP© (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE MOLD HELP© MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) 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 PROFESSIONALS AND PRODUCT MANUFACTURERS.

2. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE.

While we cannot guarantee the work performed or the effectiveness by an APPROVE RESOURCE, and while we have no obligation to you with regard to your relationship with a service professional or manufacturer, we will do anything we can to resolve any dissatisfaction through direct contact with that APPROVED RESOURCE. Under the circumstances more fully described herein and upon completion of all required procedures, although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and an APPROVED RESOURCE. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. Additionally, to ensure quality assurance, we welcome comments on MOLD HELP© approved products and services. If any complaints arise, we fully investigate both consumer and provider to determine further consequences.

3. INFORMATION YOU PROVIDE TO US.

Upon using the MOLD HELP© services, your cookies may be stored for demographic information. For complete details on our use of your information, please see our privacy statement. 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 MOLD HELP© has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MOLD HELP© has the right to refuse any current or future use of the MOLD HELP© services (or any portion thereof) by you and ban you from this website.

4. YOUR USE OF THE MOLD HELP© APPROVED RESOURCES.

You acknowledge and agree that your use of the MOLD HELP© SOLUTIONS andMOLD HELP©APPROVED RESOURCES (all part of the MOLD HELP© network and should be construed as the entire organization) 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 MOLD HELP© web site, including but not limited toMOLD HELP©APPROVED RESOURCES, screening information, and Ratings & Reviews (including any ratings and reviews provided by you), is the sole and exclusive property of MOLD HELP©, 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 MOLD HELP© for any such damages, and will indemnify MOLD HELP© in the event of any third party claims against MOLD HELP© based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the MOLD HELP© web sites and services at any time. All information about MOLD HELP© APPROVED RESOURCES (service professionals and products) is only to be retained on this web site, and no other place. If it is determined or suspected by MOLD HELP©in its sole discretion that you are misusing or attempting to misuse or circumvent the MOLD HELP© services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, MOLD HELP© 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. MOLD HELP© web sites are all secured on an extremely secure network and any of the above such matters are generally auto-rejected, queried, identified, and then sent to the appropriate authorities. Due to the high volume of email that is received, MOLD HELP© has a zero tolerance for malicious or inappropriate behavior and we prosecute to the fullest extent of the law when such occurrences are noted by our security department.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO MOLD HELP© AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES.

5. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE.

Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the MOLD HELP© server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom with honoring MOLD HELP©. Distribution outside the classroom requires express written permission of MOLD HELP©. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the MOLD HELP© web site or any other MOLD HELP© owned, operated, licensed or controlled site. Elements of MOLD HELP© web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any MOLD HELP© web Site may be copied or retransmitted unless expressly permitted by MOLD HELP©. MOLD HELP© AND/OR ITS APPROVED RESOURCES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MOLD HELP? AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE MOLD HELP? WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOLD HELP© AND/OR ITS APPROVED RESOURCES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. IF APPROVED RESOURCES PROVIDE SUCH INFORMATION, THE WEB SITE WILL BE UPDATED.

6. LINKS TO THIRD PARTY SITES.

The links in the MOLD HELP© Web site will let you leave MOLD HELP©s Web site. The linked sites are not under the control of MOLD HELP© and MOLD HELP© is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. MOLD HELP© is not responsible for webcasting or any other form of transmission received from any linked site. MOLD HELP©is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MOLD HELP© of the site.

7. MOLD HELP© APPROVED RESOURCES PROCEDURES AND DISCLAIMERS.

MOLD-HELP© uses the following criteria as part of its approval process ("approved resource") for new home service professionals and products applying for our evaluation process to possibly be included our network:

Licensing - MOLD HELP© confirms at the time of a service professionals/manufactures evaluation process, that prospective new service professional members have all applicable required state-level or provincial-level trade licensing.

Legal - For US service professionals, MOLD HELP© utilizes third party services that record legal information to check for significant recorded state-level civil legal judgments entered against a prospective new service professional member by business customers within the three years prior to such service professional's registration. MOLD HELP© does not make any representations or warranties as to the accuracy or completeness of the information provided by the third party services.

Insurance/Bonding - Wherever possible, MOLD HELP© confirms insurance or bonding information presented by member service professionals in their profiles during the evaluation process.

NOTE: Member service professional information/manufacturer confirmed as described above may change or expire over time; while MOLD HELP© attempts to maintain accurate and up-to-date information, and confirms changes when notified, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a service professional you verify that information presented is still current and/or acceptable to you.

*Given the unique nature of CA licensing, MOLD HELP© relies on representations of service professionals that are using CA General building contracting license to cover home improvement tasks, which such service professionals are performing more than one task as defined and required by CA licensing rules.

Service Professionals Profiles: MOLD HELP© provides MOLD HELP© APPROVED RESOURCES profiles about their services, products, application methods, and approval ratings and their general business information on the MOLD HELP© web site. MOLD HELP© does review and verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the "Resource." We may update these changes as needed, when applicable. We are not responsible, however, for any misrepresentation that the "Resource" may have provided to us, although we do everything in our power to ensure truthful communication through our evaluation process.

The above procedures may change from time to time at the sole discretion of MOLD HELP©. MOLD HELP© believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, MOLD HELP© advises consumers to check these matters for themselves especially at future dates. MOLD HELP© does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that MOLD HELP© checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: MOLD HELP©EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

8. INDEMNIFICATION.

YOU AGREE TO INDEMNIFY MOLD HELP©, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS 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 THE MOLD HELP© APPROVED RESOURCES OR IN CONNECTION WITH THE MOLD HELP SOLUTIONS? WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

9. GENERAL PROVISIONS.

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

© 2001-2005 MOLD HELP©, Inc. All rights reserved.

 
  
Mold Help approved resources are designed to help users better understand the remediation, testing, and products used in the remediation industry and products available for assistance for our consumers, and research and effectiveness, so they can make informed decisions. Individuals are urged to consult with these providers to answer their individual questions.

Every effort has been made to ensure the accuracy and completeness of our approved resources with our evaluation process and the information provided on this Web Site. However, the Mold Help, Mold Help Solutions, and Mold Help Approved Resources makes no warranties, expressed or implied, regarding errors or omissions and assumes no legal liability or responsibility for loss, errors, or damage resulting from the use of information or resources contained within.