1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and GutterMaster Pro LLC ("GutterMaster Pro," "we," "us," or "our"), a Texas limited liability company located at 5120 Woodway Drive, Suite 200, Houston, TX 77056.
By accessing or using our website at guttermasterpro.com, calling our phone number, or otherwise using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the website. Your continued use of the service after any changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the service.
2. Description of Services
GutterMaster Pro operates as a free online and telephone referral service that connects homeowners with independent, local gutter service contractors. Our services include:
- Matching homeowners with local contractors based on service type, location, and availability.
- Providing information about gutter services including installation, repair, cleaning, gutter guards, and seamless gutters.
- Facilitating initial contact between homeowners and contractors.
- Collecting and displaying customer reviews of contractors in our network.
Our service is provided free of charge to homeowners. We do not charge homeowners for accessing our matching service or for receiving contractor referrals. We are compensated by contractors who participate in our referral network.
3. Independent Contractor Relationship
All contractors presented through GutterMaster Pro are independent businesses and not employees, agents, partners, or joint venturers of GutterMaster Pro. We do not employ, supervise, or control the contractors in our network.
GutterMaster Pro does not perform any gutter services and is not responsible for the quality, safety, legality, or any other aspect of the services provided by contractors. Any agreement for services is strictly between the homeowner and the contractor. GutterMaster Pro is not a party to any such agreement.
While we make reasonable efforts to verify that contractors in our network hold the required licenses and insurance at the time of their enrollment, we cannot guarantee that their credentials remain current. It is the responsibility of the homeowner to independently verify the contractor's licensing and insurance before work begins.
4. User Responsibilities
By using our service, you agree to:
- Provide accurate, current, and complete information when submitting a service request.
- Independently verify the license and insurance status of any contractor before hiring them.
- Conduct your own due diligence, including reviewing contractor references, before entering any service agreement.
- Review and understand any contract or agreement before signing it with a contractor.
- Use our website only for lawful purposes and in accordance with these Terms.
- Not submit false, misleading, or fraudulent service requests.
- Not attempt to reverse engineer, hack, or otherwise compromise the security of our website.
- Not use our service for any purpose that is unlawful or prohibited by these Terms.
5. No Warranty on Contractor Work
GUTTERMASTERPRO MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE QUALITY, SAFETY, OR OUTCOME OF ANY WORK PERFORMED BY CONTRACTORS IN OUR NETWORK. WE PROVIDE OUR MATCHING SERVICE "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.
We do not guarantee that:
- The contractors we match you with will meet your specific needs or expectations.
- The work performed by any contractor will be free from defects.
- Contractors will complete projects on time or within budget.
- Contractors will maintain valid licenses or insurance throughout your project.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUTTERMASTERPRO LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO:
- Your use of or inability to use our service.
- The conduct or performance of any contractor referred through our service.
- Any property damage, personal injury, or financial loss resulting from contractor work.
- Any unauthorized access to or use of your personal information.
- Any errors or inaccuracies in information provided on our website.
In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our total liability to you exceed $100.
7. Indemnification
You agree to defend, indemnify, and hold harmless GutterMaster Pro LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of our service, or your interaction with any contractor referred through our platform.
8. Intellectual Property
All content on the GutterMaster Pro website, including but not limited to text, graphics, logos, images, button icons, and software, is the property of GutterMaster Pro LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, or exploit any content from this website without our prior written consent.
9. Privacy Policy
Your use of our service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and sharing of your personal information.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the federal or state courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.
11. Dispute Resolution
Before filing any formal legal claim, you agree to contact GutterMaster Pro at support@guttermasterprollc.com to attempt to resolve the dispute informally. If we cannot resolve the dispute within 30 days, either party may pursue formal legal action.
For disputes involving amounts less than $10,000, you agree to submit to binding arbitration through the American Arbitration Association using its Consumer Arbitration Rules. The arbitration shall take place in Houston, Texas. You and GutterMaster Pro each waive any right to a jury trial or to participate in a class action lawsuit.
12. Termination
We reserve the right to terminate or suspend your access to our service at any time, without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
14. Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and GutterMaster Pro regarding your use of our service and supersede all prior agreements, understandings, and representations.
15. Contact Us
If you have any questions about these Terms of Service, please contact us at:
- GutterMaster Pro LLC
- 5120 Woodway Drive, Suite 200, Houston, TX 77056
- Phone: (866) 922-0119
- Email: support@guttermasterprollc.com