Terms of Use

These Terms of Use ("Terms") constitute an agreement between you and East TN Trusted Home Advisors ("East TN Trusted Home Advisors," "ETTHA," "we," "us," or "our").

These Terms govern your access to and use of our:

• Websites;
• Landing pages;
• Social-media pages;
• Advertisements;
• Lead forms;
• Homeowner-resource services;
• Contractor and service-provider matching services;
• Referral services;
• Communications;
• Online tools; and
• Other services that reference or link to these Terms.

Collectively, these are referred to as the "Services."

By accessing or using the Services, submitting a service request, affirmatively selecting a checkbox or button indicating acceptance, or otherwise affirmatively agreeing to these Terms, you acknowledge that you have read, understand, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not submit a service request or use the Services.

East TN Trusted Home Advisors is a Knoxville, Tennessee-based homeowner-resource, referral, matching, marketing, and lead-generation business.

Our purpose is to help homeowners and other authorized property decision-makers connect with locally owned home-service and home-improvement businesses that may be appropriate for their projects.

East TN Trusted Home Advisors generally does not perform the home-improvement or home-service work requested through our Services.

Unless ETTHA expressly agrees otherwise in a separate written agreement for a particular transaction, ETTHA:

• Does not perform construction work;
• Does not perform home repairs or maintenance;
• Does not provide architectural or engineering services;
• Does not perform professional home inspections;
• Does not act as the consumer's general contractor;
• Does not supervise or direct the provider's work;
• Does not employ the service provider or the provider's personnel;
• Does not control the provider's employees or subcontractors;
• Does not establish the provider's pricing;
• Does not enter into the consumer's home-improvement contract;
• Does not receive or hold construction deposits on behalf of the provider;
• Does not provide the provider's warranties; and
• Is not a party to the contract between the consumer and service provider.

Our role is primarily to facilitate introductions between consumers and independent service providers.

When you submit information concerning a home-improvement, repair, maintenance, cleaning, construction, or other home-service need, you are requesting that ETTHA evaluate the request and attempt to connect you with an appropriate local service provider.

You are not necessarily submitting your request directly to a particular contractor or service provider.

The particular provider who will receive or respond to your request may not have been selected when you initially submit the request.

ETTHA may determine which provider receives a request based upon factors including:

• Service requested;
• Project location;
• Provider service area;
• Provider availability;
• Provider workload or capacity;
• Provider responsiveness;
• Provider experience;
• Project type;
• Project size;
• Project timing;
• Information supplied by the consumer;
• Consumer preferences;
• Provider reputation;
• Public ratings or reviews;
• Licensing information when applicable;
• Insurance information when applicable;
• Our prior experience with the provider;
• Provider performance within our network;
• Provider participation status;
• Commercial arrangements with the provider; and
• Other reasonable operational or business considerations.

We may use automated systems, routing rules, software, algorithms, artificial intelligence, human review, or a combination of these methods to determine how a request is handled.

Submission of a request does not permanently assign your project to a particular service provider.

ETTHA may initially direct a request to one provider and subsequently route or reassign the request to another provider.

Reasons may include:

• The original provider is too busy;
• The provider is temporarily at capacity;
• The provider does not respond promptly;
• The provider declines the project;
• The project falls outside the provider's service area;
• The provider does not perform the requested service;
• Scheduling limitations;
• Project requirements;
• Consumer preferences;
• Temporary suspension or removal of a provider;
• Changes in our provider network; or
• Other reasonable operational considerations.

This flexibility allows ETTHA to attempt to connect consumers with a provider that is capable and available to respond to their needs.

ETTHA generally seeks to make targeted and useful referrals.

However, depending upon availability, the nature of the request, consumer needs, provider capacity, and other circumstances, ETTHA may provide a service request to one or more service providers.

By submitting a service request, you acknowledge that relevant contact and project information may be disclosed to more than one potentially appropriate provider when reasonably necessary to fulfill the matching or referral service you requested.

ETTHA does not promise that a request will be exclusive to a particular provider unless ETTHA expressly agrees otherwise.

ETTHA's objective is to develop and maintain a network emphasizing reputable, locally owned small businesses.

When evaluating providers, ETTHA may consider information such as:

• Public customer reviews;
• Business history;
• Complaint information;
• Licensing information;
• Insurance information;
• Online reputation;
• Customer feedback;
• Professional responsiveness;
• Communication;
• Our prior experiences;
• References;
• Business standing; and
• Other factors we consider relevant.

Information concerning a provider may nevertheless be inaccurate, incomplete, outdated, unavailable, or may change after our evaluation.

ETTHA does not continuously monitor every aspect of every provider's business.

The word "Trusted" in the East TN Trusted Home Advisors name describes our brand, mission, and objective of connecting consumers with businesses that we believe satisfy our selection standards.

"Trusted" does not constitute a certification, warranty, guarantee, or representation that:

• A provider will perform without error;
• Every consumer will have a satisfactory experience;
• A provider is the best available provider;
• A provider offers the lowest price;
• A provider will remain licensed or insured at all times;
• A provider will accept a particular project; or
• ETTHA assumes responsibility for the provider's conduct.

Although ETTHA may evaluate or screen service providers, you remain responsible for deciding whether a particular provider is appropriate for your project.

Before entering into an agreement with a provider, you should independently evaluate matters important to you, which may include:

• Contractor licensing;
• Specialty licensing;
• Insurance coverage;
• Workers' compensation coverage;
• Business registration;
• References;
• Reviews;
• Experience;
• Permits;
• Pricing;
• Scope of work;
• Contract terms;
• Warranties;
• Payment requirements; and
• Financing terms.

ETTHA does not guarantee:

• Provider workmanship;
• Building-code compliance;
• Permit compliance;
• Provider licensing;
• Continuing insurance coverage;
• Accuracy of provider-supplied information;
• Accuracy of public reviews;
• Provider scheduling;
• Pricing;
• Project completion;
• Provider responsiveness;
• Provider financial condition; or
• Any particular project result.

Service providers receiving referrals from ETTHA are independent businesses.

Except where expressly agreed otherwise in writing:

• Providers are not ETTHA employees;
• Providers are not ETTHA agents;
• Providers are not ETTHA partners;
• Providers are not ETTHA joint venturers;
• ETTHA does not control the means or methods by which providers perform their work; and
• Providers have no authority to make promises, warranties, representations, or commitments on behalf of ETTHA.

Any agreement for actual home-improvement or home-service work is between you and the independent service provider.

The provider is solely responsible for its:

• Estimates;
• Pricing;
• Contracts;
• Deposits;
• Scheduling;
• Permits;
• Materials;
• Employees;
• Subcontractors;
• Workmanship;
• Jobsite safety;
• Code compliance;
• Warranties;
• Collections;
• Refunds;
• Taxes;
• Insurance;
• Licensing; and
• Compliance with laws applicable to its work.

East TN Trusted Home Advisors is a commercial business.

Service providers or other businesses may compensate ETTHA for:

• Leads;
• Referrals;
• Qualified opportunities;
• Appointments;
• Introductions;
• Advertising;
• Marketing;
• Membership;
• Subscription services;
• Technology services;
• Access to project opportunities; or
• Other commercial services.

Accordingly, ETTHA may receive monetary or other consideration when we provide a consumer's service request or contact information to a service provider.

You acknowledge that ETTHA may have a commercial relationship with providers participating in our network.

Payment by a provider does not constitute a representation that the provider is:

• The best provider;
• The least expensive provider;
• The only qualified provider; or
• Guaranteed to satisfy the consumer.

Unless expressly disclosed otherwise, consumers are not charged merely for submitting a request to be matched with a provider.

ETTHA does not guarantee that a suitable provider will be available for every:

• Location;
• Service;
• Project size;
• Budget;
• Schedule; or
• Consumer request.

ETTHA may decline, delay, close, or be unable to fulfill a request.

Submission of a request does not obligate ETTHA or any provider to accept the request, provide an estimate, or perform work.

When using the Services, you agree to provide information that is accurate to the best of your knowledge.

You agree not to knowingly submit:

• False contact information;
• A false service request;
• A request for property for which you lack authority;
• Fraudulent project information;
• Another person's information without authorization;
• Spam;
• Commercial solicitation disguised as a homeowner request;
• Employment inquiries disguised as service requests; or
• Information intended to harass, deceive, defraud, or interfere with ETTHA or a provider.

You represent that you are either:

• The owner of the property involved;
• An authorized representative of the owner;
• A tenant with appropriate authority; or
• Otherwise authorized to request information concerning the service.

You must be at least eighteen (18) years old and legally capable of entering into a contract to submit a service request through ETTHA.

The Services are not intended for children.

When you submit a request, you are asking ETTHA to process the request and facilitate communication concerning it.

ETTHA may communicate with you regarding:

• Your request;
• Matching status;
• Clarifying questions;
• Customer service;
• Provider assignment;
• Follow-up;
• Feedback;
• Complaints;
• Appointments; or
• Other matters related to the requested Service.

A service provider receiving your request may contact you to respond to that request, subject to applicable law.

Certain automated calls, text messages, or promotional communications may require additional consent. Where additional consent is legally required, applicable consent language will be presented separately.

Submission of a service request does not itself transfer consent to receive automated or promotional text messages from ETTHA to an independent provider.

Our collection, use, retention, and disclosure of personal information is described in the East TN Trusted Home Advisors Privacy Policy, which is incorporated into these Terms by reference.

By submitting a matching or referral request, you acknowledge that fulfilling the request generally requires ETTHA to provide relevant contact and project information to one or more independent providers selected to respond.

Information provided through ETTHA advertisements, websites, articles, videos, social-media posts, emails, communications, or other content is generally educational and informational.

Unless expressly agreed otherwise in a separate written agreement, ETTHA does not provide:

• Legal advice;
• Engineering advice;
• Architectural advice;
• Accounting advice;
• Tax advice;
• Financial advice;
• Real-estate appraisals;
• Professional home inspections;
• Structural engineering;
• Code-compliance certification; or
• Other licensed professional advice.

ETTHA content should not substitute for evaluation by an appropriately qualified professional when one is needed.

Any project cost, price range, schedule, project duration, or other estimate provided in ETTHA content is informational unless expressly identified as a binding ETTHA offer.

Actual project pricing is determined by the independent service provider.

Pricing may vary based upon:

• Existing conditions;
• Labor;
• Materials;
• Scope;
• Design;
• Accessibility;
• Property conditions;
• Code requirements;
• Permits;
• Hidden damage;
• Market conditions; and
• Other factors.

The provider's written proposal or contract controls the actual agreement between the consumer and provider.

ETTHA is not an emergency-response service.

Do not use ETTHA to report circumstances involving an immediate risk of:

• Fire;
• Serious injury;
• Gas leak;
• Electrical emergency;
• Structural collapse;
• Active flooding;
• Carbon monoxide exposure;
• Crime;
• Medical emergency; or
• Other imminent danger.

Contact 911, an appropriate utility provider, emergency service, or other appropriate emergency professional.

You may submit photographs, videos, reviews, written descriptions, project details, feedback, documents, or other materials ("User Content").

You retain ownership of your User Content.

By submitting User Content, you grant ETTHA a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, process, transmit, display, and otherwise use the User Content as reasonably necessary to:

• Provide the Services;
• Evaluate your request;
• Provide relevant information to a service provider;
• Maintain business records;
• Investigate complaints;
• Prevent fraud;
• Improve our Services; and
• Comply with legal obligations.

ETTHA will not use identifiable photographs of your home or project in public advertising solely because you submitted them as part of a service request unless ETTHA has an appropriate legal basis and permission to do so.

You represent that you have the right to provide any User Content you submit.

If you submit feedback or a review concerning ETTHA or a provider, you agree that it will reflect your genuine experience and will not knowingly contain false factual statements.

ETTHA may:

• Review feedback;
• Investigate complaints;
• Share relevant feedback with a provider;
• Evaluate provider participation;
• Suspend referrals;
• Remove a provider from our network; and
• Use aggregated feedback to improve our network.

Participation in the ETTHA network does not create a permanent right for a provider to receive referrals.

Except for User Content and third-party materials, ETTHA owns or licenses its Services and associated intellectual property, including as applicable:

• Business names;
• Logos;
• Branding;
• Text;
• Graphics;
• Videos;
• Photographs;
• Website designs;
• Advertising creative;
• Forms;
• Databases;
• Software configurations;
• Matching processes;
• Lead-routing systems; and
• Other proprietary materials.

You may not, without written authorization:

• Copy substantial portions of the Services;
• Scrape our systems;
• Harvest leads;
• Reverse engineer our systems;
• Republish ETTHA content commercially;
• Impersonate ETTHA;
• Create confusingly similar branding;
• Access the Services to construct a competing lead database; or
• Use automated systems to collect information in violation of applicable law or ETTHA instructions.

You may not use the Services to:

• Violate applicable law;
• Commit fraud;
• Submit fake leads;
• Harass consumers or providers;
• Impersonate another person;
• Infringe intellectual-property rights;
• Circumvent security controls;
• Introduce malicious software;
• Interfere with our systems;
• Scrape or harvest consumer information;
• Manipulate reviews;
• Misrepresent affiliation with ETTHA;
• Obtain consumer information for purposes unrelated to the request; or
• Engage in conduct that reasonably threatens consumers, providers, ETTHA, or the integrity of our Services.

ETTHA may restrict, suspend, or terminate access when we reasonably believe these Terms have been violated.

The Services may contain links to providers, social networks, advertising platforms, vendors, or other independent third-party websites or services.

ETTHA does not control independent third parties.

A link, referral, listing, introduction, or connection does not mean ETTHA assumes responsibility for the third party's:

• Website;
• Privacy practices;
• Terms;
• Representations;
• Products;
• Services;
• Security;
• Workmanship; or
• Conduct.

Your dealings with independent third parties are governed by your agreements with those parties.

The amount charged by an independent provider for a home-improvement or home-service project does not increase ETTHA's financial responsibility for that project.

For example, the fact that a provider enters into a $5,000, $25,000, $50,000, or larger agreement with a consumer does not make ETTHA a party to that agreement and does not cause ETTHA to assume responsibility for the contract price, workmanship, replacement cost, property damage, or other provider obligations.

Any contractual remedies relating to the provider's performance should ordinarily be pursued against the provider that entered into the agreement with the consumer.

This Section is subject to the limitations and exceptions stated in Sections 24 through 26 and applicable law.

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ETTHA and its owner(s), officers, employees, contractors, representatives, affiliates, and agents from third-party claims, liabilities, damages, losses, costs, and reasonable attorneys' fees arising from:

• Your fraudulent or unlawful use of the Services;
• Your knowing submission of materially false information;
• Your unauthorized submission of another person's personal information;
• Your violation of another person's rights;
• Your unlawful User Content; or
• Your material misuse of the Services.

This provision does not require a consumer to indemnify ETTHA for ETTHA's own negligence, intentional wrongdoing, statutory violations, or other liability to the extent such indemnification is prohibited by law.

ETTHA is not responsible for negotiating, interpreting, guaranteeing, administering, or enforcing an agreement between you and a provider.

You are responsible for reviewing any provider proposal or contract before signing it.

ETTHA does not guarantee:

• Deposits;
• Refunds;
• Financing;
• Completion dates;
• Change orders;
• Materials;
• Warranties;
• Workmanship;
• Payment arrangements; or
• Provider obligations.

Questions regarding a provider's contract should be directed to the provider or an appropriate professional advisor.

ETTHA encourages consumers to report significant problems involving providers participating in our network.

Complaints may be submitted to:

customerservice@easttntrustedadvisors.com

ETTHA may:

• Investigate provider conduct;
• Request information from the provider;
• Review provider eligibility;
• Suspend referrals;
• Terminate provider participation; or
• Modify our selection standards.

ETTHA is not obligated to:

• Adjudicate disputes;
• Act as an arbitrator between the consumer and provider;
• Recover money for the consumer;
• Repair defective work;
• Pay provider obligations; or
• Compel a provider to take a particular action.

Our decision to investigate or assist with a complaint does not make ETTHA responsible for the provider's conduct.

Nothing in these Terms is intended to eliminate, restrict, or waive a consumer right or remedy that applicable federal or state law expressly prohibits a business from eliminating, restricting, or waiving by contract.

If a provision of these Terms conflicts with such a mandatory legal protection, the mandatory protection will control only to the extent of the conflict, and the remaining Terms will continue to apply.

The inclusion of this provision does not constitute an admission that any particular consumer-protection statute applies to ETTHA, a particular transaction, or a particular claim.

You agree that electronic records, disclosures, notices, and agreements may be used in connection with the Services.

To the extent permitted by law, your affirmative electronic action indicating agreement to these Terms may constitute acceptance of these Terms.

ETTHA may retain records concerning:

• Date and time of acceptance;
• Form or page through which acceptance occurred;
• Version of the Terms presented;
• Lead or transaction identifier;
• Electronic acceptance;
• Related consent records; and
• Other information reasonably necessary to document the transaction.

ETTHA may suspend, restrict, refuse, or terminate access to the Services when reasonably necessary because of:

• Fraud;
• Misuse;
• Security concerns;
• False submissions;
• Harassment;
• Legal requirements;
• Repeated abuse;
• Violation of these Terms; or
• Conduct threatening ETTHA, consumers, providers, or our systems.

ETTHA may also discontinue or modify Services subject to applicable law.

ETTHA may modify these Terms from time to time.

When changes are made, the "Last Updated" date will be revised.

Where applicable law requires additional notice or renewed consent for a material change, ETTHA will provide such notice or obtain such consent as required.

Changes will apply prospectively unless applicable law permits otherwise.

These Terms, together with the East TN Trusted Home Advisors Privacy Policy and any additional terms expressly presented for a particular ETTHA Service, constitute the agreement concerning your use of ETTHA's consumer-facing Services.

A separate contract between a consumer and an independent service provider is not part of these Terms and does not bind ETTHA.

A separate agreement between ETTHA and a participating service provider does not make the consumer a party to that agreement.

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed to the minimum extent necessary.

The remaining provisions will remain in effect.

Where legally permissible, a finding that one limitation, waiver, release, arbitration provision, or remedy limitation is unenforceable will not automatically invalidate the other independently applicable protections contained in these Terms.

Failure by ETTHA to enforce a provision of these Terms does not waive ETTHA's right to enforce that provision later.

A waiver is effective only if made in writing by an authorized ETTHA representative.

You may not transfer your rights or obligations under these Terms without ETTHA's written consent.

ETTHA may assign these Terms in connection with:

• A merger;
• Acquisition;
• Reorganization;
• Sale of the business;
• Sale of substantially all assets;
• Change in ownership; or
• Another lawful business transaction.

Except where these Terms expressly provide otherwise, these Terms do not create enforceable rights in third parties.

A provider receiving a referral does not become a party to these consumer Terms merely by receiving the referral.

Section titles and headings are provided solely for convenience and do not alter the meaning of these Terms.

Questions concerning these Terms may be directed to:

East TN Trusted Home Advisors
Knoxville, Tennessee