Neighborbrite Pro Referral Program Terms of Service

Last modified: 08/28/2024

Thank you for using Neighborbrite’s Pro Referral Program. These Terms of Service ("Terms") govern your use of the Neighborbrite Pro Referral Program ("Program"), an online platform owned and operated by Neighborbrite, Inc. ("Neighborbrite," "we," or "us"). By accessing or using the Program, you agree to these Terms. If you do not agree, please do not use the Program.

1. Acknowledgment and Acceptance of Terms

This Program and Neighborbrite’s services are offered to you for use only in the United States and are conditioned upon your unconditional acceptance, without modification, of the following terms, conditions, and notices ("Terms") contained in this Neighborbrite Pro Referral Program Terms of Service ("Agreement"). By using the Program, you agree to these Terms and any additional terms and conditions that may apply to certain features of the Program. Your use of the Program constitutes your agreement to all Terms. You acknowledge that certain features of the Program may require additional terms and conditions or registration requirements.

2. Use and Age Restrictions

Use of the Program is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Program is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Program. By using the Program, you represent and warrant that (a) you are at least 18 years old, are of legal age to form a binding contract with Neighborbrite, and are otherwise capable of entering into binding contracts; and (b) if you are using the Program on behalf of a company, entity, or other organization, that you are an authorized representative of the entity with the authority to and agree to be bound by this Agreement.

3. Registration & Information Sharing

To access the Program, you must have an existing Neighborbrite account. When submitting project details, you must provide accurate and complete information, including but not limited to your name, contact details, zip code, project specifications, and preferred designs. Neighborbrite will notify you once a landscaper has accepted your project details and has received your contact information. You may also allow Neighborbrite to contact additional landscapers if the initial ones do not respond.

4. Pros

4.1 Pro Information

Neighborbrite facilitates connections with landscaping professionals ("Pros") by contacting them on behalf of users based on search engine results and other available resources. The information provided about Pros, including any skill profiles or other details, is self-reported by the Pros or sourced from publicly available information. Neighborbrite makes no guarantees, promises, warranties, or representations of any kind regarding the skills, qualifications, or representations of such Pros.

4.2 No Background Checks

Neighborbrite does not perform background checks on Pros. The connection made between users and Pros is based on publicly available information, search engine results, and other resources. Neighborbrite does not verify the accuracy, completeness, or currentness of the information provided by Pros or their qualifications. Accordingly, Neighborbrite cannot warrant that the information about the Pros is up-to-date, accurate, or complete.

4.3 Licensing

Pros may be required by state, local, or municipal regulations to hold licenses for certain services, work, or project amounts. The presence of a Pro in Neighborbrite’s referral list should not be construed as a representation by Neighborbrite that the Pro is properly licensed. Consumers are solely responsible for determining which licenses, if any, are required for their requested services and whether the Pro they select is properly licensed. Neighborbrite recommends that you confirm all licensing requirements with your state and local authorities and ask the Pro to provide a copy of their license(s) before proceeding with a project.

4.4 Insurance and Bonding

Pros may provide information regarding their insurance coverage or bonding. Neighborbrite does not verify the validity or adequacy of this information. Before proceeding with a project, you should confirm the Pro’s existing insurance coverages and limits and whether they have bonds in place.

4.5 Relationship Between You, Neighborbrite, and the Pro

Neighborbrite and Pros are separate entities, and the employee of one of those entities is not an employee of the other entity. Neighborbrite is not an agent of the Pro, and the Pro is not an agent of Neighborbrite. Neighborbrite is also not your agent. In no event will Neighborbrite be considered a general contractor, specialty contractor, construction manager, project manager, joint employer, joint venture, or partner of you, any Pro, or their respective personnel.

4.6 Consumer Verification Responsibility

You are responsible for verifying that the information presented by the Pro, including any information provided in the Pro’s profile, is accurate and complete. Neighborbrite does not verify all information or documents provided by Pros and expressly disclaims any guarantees, indemnities, or warranties concerning such information. Consumers should conduct their own investigation of Pros, including verifying that Pros are appropriately licensed for the requested services, free of significant federal, state, or local-level civil legal judgments, and carry appropriate insurance or bonding at suitable coverages and limits.

4.7 No Warranty or Endorsement of Pro Services

Neighborbrite does not endorse or recommend the services of any Pro. The decision to enter into an agreement for work belongs entirely to the Consumer. Neighborbrite does not warrant the Pro’s performance on the job or the quality of goods, materials, equipment, or services furnished by the Pro. Neighborbrite does not contract for or perform, and is not responsible for, any of the services requested by the Consumer. You expressly acknowledge and agree that your use of the Program is at your sole risk. Neighborbrite makes no representations or warranties as to the conduct of any Pro or the Pro’s ability to provide a service compliant with your request. You expressly acknowledge that Neighborbrite makes no warranties, either express or implied, regarding the quality of services rendered by any service provider.

5. Payments to Pros

Consumers are solely responsible for paying the Pro for any work completed in accordance with the Consumer’s agreement with the Pro and for making payment arrangements directly with the Pro. Consumers may be required by their agreement with the Pro to pay a deposit to the Pro before the commencement of work. Neighborbrite will not be liable for any claims made by Consumers relating to, or arising out of, charges to a Consumer’s account authorized by their agreement with the Pro.

6. Service Guarantee

Neighborbrite does not offer any form of service guarantee. If you are dissatisfied with the referral service, you can provide feedback to Neighborbrite, and we will take that into account to improve the services and the selection of Pros. No other remedies are available.

7. Indemnification and Disclaimer of Warranties

- Relationship Between Neighborbrite and Pros: Neighborbrite and Pros are separate entities, and the employee of one of those entities is not an employee of the other entity. Neighborbrite is not an agent of the Pro, and the Pro is not an agent of Neighborbrite. Neighborbrite is also not your agent. In no event will Neighborbrite be considered a general contractor, specialty contractor, construction manager, project manager, joint employer, joint venture, or partner of you, any Pro, or their respective personnel.

- Consumer Verification Responsibility: You should verify that the information presented by the Pro, including the information in the Pro’s profile, is accurate. Neighborbrite does not verify all information or documents provided by Pros and expressly disclaims any guarantees, indemnities, or warranties concerning such information. Consumers should conduct their own investigation of Pros, including verifying that Pros are appropriately licensed for the requested services, free of significant federal, state, or local-level civil legal judgments, and carry appropriate insurance or bonding at suitable coverages and limits.

- No Warranty or Endorsement of Pro Services: Neighborbrite does not endorse or recommend the services of any Pro. The decision to enter into an agreement for work belongs entirely to the Consumer. Neighborbrite does not warrant the Pro’s performance on the job or the quality of goods, materials, equipment, or services furnished by the Pro. Neighborbrite does not contract for or perform, and is not responsible for, any of the services requested by the Consumer. You expressly acknowledge and agree that your use of the Program is at your sole risk. Neighborbrite makes no representations or warranties as to the conduct of any Pro or the Pro’s ability to provide a service compliant with your request.

8. Release

In exchange for the referral service provided by Neighborbrite and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you expressly agree to forever release and discharge Neighborbrite, its officers, directors, affiliates, parent and subsidiary companies, employees, and agents from any claims, demands, causes of action, losses, and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way relating to your agreement with a Pro and any work or services performed by the Pro. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

9. No Warranties

NEIGHBORBRITE MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENTS OR SERVICES OF THE PROGRAM FOR ANY PURPOSE. NEIGHBORBRITE DOES NOT PROMISE THAT THE PROGRAM WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE PROGRAM OR ANY CONTENT, SEARCH, OR LINK ON IT. THE PROGRAM AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. NEIGHBORBRITE CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE PROGRAM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NEIGHBORBRITE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS PROGRAM, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS PROGRAM, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS PROGRAM. NEIGHBORBRITE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEIGHBORBRITE MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS PROGRAM. YOUR USE OF THIS PROGRAM IS AT YOUR OWN RISK.

THE PROVISIONS OF THIS PARAGRAPH 9 WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCLUSIONS OF LIABILITY CONTAINED IN PARAGRAPH 9 ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, NEIGHBORBRITE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS PROGRAM OR THE MATERIALS ON THIS PROGRAM, UNLESS SUCH DAMAGES ARE DIRECT DAMAGES AND ARE PROVEN TO BE THE RESULT OF THE NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OF NEIGHBORBRITE, IN WHICH CASE NEIGHBORBRITE MAY ONLY BE LIABLE IN THE AMOUNT AND PROPORTION THAT NEIGHBORBRITE’S ACTS OR OMISSIONS CAUSED SUCH DAMAGES.

10. Limitations of Liability

10.1 IN NO EVENT WILL NEIGHBORBRITE, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT OR SUBSIDIARY COMPANIES, EMPLOYEES, AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (A) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, OR (B) THE CONDUCT OF A USER, PRO, OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, DATA BREACHES, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEIGHBORBRITE IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE PROGRAM. NEIGHBORBRITE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY USERS, PRO USERS, ADVERTISERS, AND/OR SPONSORS ON THE PROGRAM, IN CONNECTION WITH THE PROGRAM OR OTHERWISE RELATED TO YOUR USE OF THE PROGRAM. BY USING THE PROGRAM, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE PROGRAM. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES, PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10.2 SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, NEIGHBORBRITE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO (A) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS PROGRAM, OR (B) THE CONDUCT OF A USER, PRO, OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, DATA BREACHES, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE. NEIGHBORBRITE MAY BE HELD LIABLE FOR DIRECT DAMAGES IF SUCH DAMAGES ARE PROVEN TO BE THE RESULT OF THE NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OF NEIGHBORBRITE, IN WHICH CASE NEIGHBORBRITE MAY ONLY BE LIABLE IN THE AMOUNT AND PROPORTION THAT NEIGHBORBRITE’S ACTS OR OMISSIONS CAUSED SUCH DAMAGES.

11. Termination of Access

Neighborbrite reserves the right to terminate your access to the Program at its sole discretion, without notice, for any reason, including but not limited to misuse of the service, violation of these Terms, inactivity, or to comply with legal obligations.

12. Communication and Electronic Notices

By providing your contact information, you consent to receive communications from Neighborbrite related to the Program, including electronic notices. These communications may include updates, notifications, and other information relevant to your use of the Program. You may manage your communication preferences through your account settings.

13. Miscellaneous Provisions

These Terms, together with any other legal notices published by Neighborbrite, shall constitute the entire agreement between you and Neighborbrite concerning the Program. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Neighborbrite's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Program must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.