Agreement to Terms
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
References to MLD4Cars (or “we” or “us”) in this Terms include MLD4Cars service providers, to the extent that such service providers are acting for or on behalf of MLD4Cars.
Changes to Terms. We may modify these Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, "you" and "your" will refer to both you and that entity.
Other Program Terms. Certain programs offered by MLD4Cars through the Services may have additional terms and conditions (the “Additional Program Terms”). If you elect to participate in one of these programs, MLD4Cars will communicate the applicable Additional Program Terms to you. By participating in that program, you acknowledge that you have read, understood, and agree to be bound by, the Additional Program Terms, which will be deemed to be a part of these Terms.
Services We Provide. MLD4Cars connects homeowners and other third parties (individually, "User," collectively, "Users") and home improvement service providers (individually, a "Business," collectively, "Businesses"). We help Users discover inspiring home projects, learn about project costs and select a Business based on characteristics that matter most to them. We help Businesses increase their online presence, showcase their work, and connect with Users in need of their services.
No Responsibility, Endorsement or Guarantee for Business; Estimates. MLD4Cars does not deliver, and is not responsible for, any Business's products, services or advice. The Businesses are not employees, contractors or agents of MLD4Cars, and MLD4Cars is not an agent of any Business. MLD4Cars does not sponsor, endorse, recommend or approve any Busines who offers products or services through the Services. While we try to confirm that Businesses meet certain requirements, we cannot and do not represent or warrant that any Business is licensed, qualified, bonded, insured or capable of performing any service. Except as expressly provided in our Business Guarantee (located here), we do not make any guarantees, warranties or representations of any kind regarding any Business, any advice or other information that a Business provides or the products or services that a Business provides, and not responsible for any action or inaction of any Business. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with a Business or that there are Businesses in a User’s area that are capable of and willing to meet a User’s service needs. Any quote or estimate provided in connection with the Services is only a guide, is not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When you work with a Business, your rights will be governed by your contract with the Business and by local laws.
Third Party Materials. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third Party Materials"). These Third Party Materials are not owned or controlled by MLD4Cars. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by MLD4Cars.
Permissible Use and MLD4Cars Intellectual Property
Grant of Limited License to Users. Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
Grant of Limited License to Businesses. Subject to your compliance with these Terms, we hereby grant you, as a Business acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information, products and services as contemplated by the Services.
MLD4Cars Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information ("Materials") are proprietary property of MLD4Cars, its suppliers, and licensors and are protected by local and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Properties or the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that MLD4Cars does not intentionally made available through the Properties and the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Businesses for any purpose.
No Improper Uses. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm MLD4Cars, its service providers, suppliers, other Users or any other person.
User Submissions and Other Collected Information
Accurate Information. If you are a User, you will be asked to disclose certain information about yourself and your service requirements when you submit a request for Business services and when you open or confirm your account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct.
If you are a Business, you will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate, complete and up to date information in connection with the Services; and keep that information updated, complete and correct.
Security of Account. You agree you won't disclose your password to anyone and you'll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
Collected Data Definition. You agree and acknowledge that MLD4Cars and Businesses may collect text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, data or other information (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services, relating to you, your household, your business, your real or personal property or otherwise (individually and collectively, "Collected Information").
You Are Responsible for User Submissions. The Services may permit you and other Users and Businesses to submit Information (individually and collectively, "User Submissions"). The person submitting a User Submission, and not MLD4Cars, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if a Business provides you with advice or other information, the Business (and not MLD4Cars) is solely responsible for that advice and information. You acknowledge and agree that MLD4Cars has no obligation to pre-screen your or any other person’s User Submissions.
Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for MLD4Cars and its service providers and partners, and. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME OR CONTACT INFORMATION THAT IS NOT YOURS (WHETHER IT’S SOMEONE ELSE’S OR JUST MADE UP), YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO MLD4Cars AND EACH BUSINESS OR MLD4Cars' PARTNER WHO ACCEPTS THAT SERVICE REQUEST, FOR EACH IMPROPER SUBMISSION, FOR ANY LOSSES, LIABILITIES, DAMAGES (DIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER), FINES OR PENALTIES INCURRED BY ANY OF THE AFFECTED PARTIES, PLUS ANY COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE AFFECTED PARTIES.
Confidentiality of User Submissions. MLD4Cars will not display the address of projects or precisely pinpoint the project location on a map to all Users. However, you acknowledge and agree that MLD4Cars and its licensees may display the address and other User Submissions associated with a given project to a limited audience, including the homeowner of that address, prospective buyers of a home that is for sale, and other third parties. You further acknowledge and agree that the description of the project for which you request Business services, all information contained in any reviews of Businesses that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
License to User Submissions. With respect to both User Submissions and Collected Information, you grant MLD4Cars a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium. We will not pay you or otherwise compensate you for User Submissions or Collected Information.
Do Not Post Illegal or Harmful Content. You agree that you are the exclusive owner of all rights in the User Submissions and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by MLD4Cars.
Do Not Post Improper Content. You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Reviews of Business. You may only post a review of a Business if you have first-hand knowledge of the services provided by such Business (that is, such Business provided products or services to you). You may not accept anything of value from a Business in exchange for posting a review. You may not post or submit a review of a Business if you are (i) an employee, contractor, partner of, or otherwise affiliated with, such Business, (ii) an employee, contractor, partner of, or otherwise affiliated with, a competitor of such Business, or (iii) related to such Business, including by blood, adoption or marriage. You agree that any review that you post or submit will be honest and factually accurate.
Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.
Suggestions. If you elect to provide or make available to MLD4Cars any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), MLD4Cars will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Business or a User through the Services (including when we forward calls between Users and Business), we may monitor and/or record those communications for quality assurance and customer satisfaction purposes. You consent to this monitoring and recording.
Accuracy of Information. MLD4Cars makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy.
Additional General Terms for Businesses
If you are a Business, the terms in this section also apply to you.
Licenses and Obligations. As a Business, you agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform.
Response Time. You agree that, if you receive a homeowner’s request for a Business to provide services, you will respond to the homeowner as soon as possible but in any event within 24 hours.
Informational Requests. You agree to comply with MLD4Cars' informational requests from time to time in connection with the Services, including providing information to be used by MLD4Cars (or its third party service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User.
Updated Information. You agree to immediately notify us if: (i) any information you have provided to MLD4Cars, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
Information Regarding Users. MLD4Cars may provide you with personal information relating to individuals that are seeking products or services. You may not rent, sell or otherwise provide this information to others without such individual’s consent or except as required to provide your products or services to such individual. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not intended by MLD4Cars.
Reviews. You agree to link your website to your MLD4Cars profile, at a place on your website determined by you, using the following text: "Review my projects and endorsements on MLD4Cars.” When you include an email address of a past customer in your project information, you agree that we may reach out to that person asking for reviews and recommendations of you and inviting them to create an account on MLD4Cars.
Quality Control. MLD4Cars representatives and our service providers may access and monitor your MLD4Cars account and usage and communication information and may monitor, review and use such account and usage and communication information as they deem appropriate, including (for example) as reasonably needed to confirm status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify information you or Users have provided.
Confidentiality. If you receive confidential information from MLD4Cars, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning MLD4Cars fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public.
Independent Contractor. You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with MLD4Cars is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of MLD4Cars, and that MLD4Cars has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
Products and Services for Businesses
If you are a Business, the terms in this section also apply to you.
Certain MLD4Cars Services give Businesses the right to contact homeowners who have requested that a Business contact them for a particular project (a “project request”). Information regarding a project request, and the right to respond to it, may be made available to a Business through email, through a telephonic connection, through MLD4Cars' communications platform, or by other means. The right to respond to project requests can be purchased through Services that have a recurring financial obligation every month (or other time period) (“Membership Packages”) or that have a financial obligation for each project request response or other product that a Business buys (“Transaction Products”). Membership Packages and Transaction Products are collectively referred to as “ Memberships.”
No Guarantee. As a Business, you agree and acknowledge that MLD4Cars cannot and does not guarantee the results of any Business Product, including the exposure you will receive as part of the Services or the number or quality of potential customers with whom you will have contact. You acknowledge that MLD4Cars may impose limits on the type and/or number of Businesses that can participate in particular programs, which Businesses are notified about particular project requests and the timing of such notification, and the type and/or number of Businesses who can respond to particular project requests.
Business Profile. You understand and acknowledge that the amount and quality of your Business information (including the amount and quality of profile data, project activity and endorsements) will affect your exposure within the Services. You agree to immediately complete a Business profile on the MLD4Cars website upon signing up for any Membership and to populate such profile with as much information as possible.
Suspension; Termination. MLD4Cars reserves the right to suspend or terminate any Business' ability to purchase Membership Packages or otherwise use the Services, including but not limited to as a result of default in payment obligations.
Third-Party Intellectual Property
Third-Party Intellectual Property. All non-MLD4Cars trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notification to MLD4Cars at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to: