The Site is owned and operated by Same Day Pros, Inc. Our Professional Service Providers network available on the Site and the samedaypros.com Apps is solely a facilitator of communications between the Professional Service Provider members and users. Unless expressly stated otherwise on the samedaypros.com site or the samedaypros.com Apps, the services featured on the Site and the samedaypros.com Apps are offered, provided, delivered by the Professional Service Provider members, not us. We are in no way responsible for the quality of services offered by the Professional Service Provider members. All questions regarding Professional Service Provider services featured on the Site and the samedaypros.com Apps should be directed to the appropriate Professional Service Provider members.
The information contained on the Site and the samedaypros.com Apps regarding price, specifications and availability of the services listed on the Site and the samedaypros.com Apps has been provided by Professional Service Provider members.
While samedaypros.com has undertaken to confirm the accuracy of the information contained on the Site and the samedaypros.com Apps, mistakes can be made, including due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. Of course, if you become aware that the Site or any of the samedaypros.com Apps contains inaccurate information, please let us know by contacting us.
$100 in free leads are for leads through the Same Day Pros lead generation system and has no Monetary Value and can not be refunded.
PROPERTY RIGHTS; COMPLIANCE WITH LAW
SAMEDAYPROS.COM CONTENT, SERVICES; USER SUBMITTED CONTENT:
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site, samedaypros.com Apps or Social Media by anyone other than authorized samedaypros.com employee spokespersons while acting in their official capacities.
By submitting any information or content to or by otherwise using the Site, samedaypros.com, the samedaypros.com Apps and/or Social Media, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sub-licensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.
Furthermore, we do not review and assume no responsibility for any services mentioned on the Site, samedaypros.com, the samedaypros.com Apps or Social Media, whether provided by somedaypros.com, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the services mentioned on the Site, samedaypros.com and the samedaypros.com Apps or Social Media, including their quality.
HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
NO OBLIGATION TO KEEP INFORMATION CURRENT
Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.
DISCLAIMERS; CONTENT TO BE CONSULTED IN ITS ENTIRETY
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site, samedaypros.com and/or the samedaypros.com Apps. All materials on the Site, samedaypros.com and the samedaypros.com Apps are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
In connection with your use of or access to the Site, samedaypros.com and the samedaypros.com Apps, we from time to time may provide you with user names, passwords and/or other unique identifiers (User Codes). You are responsible for security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site, samedaypros.com or the samedaypros.com Apps on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all acts and/or omissions that occur while User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site, samedaypros.com or the samedaypros.com Apps. We reserve the right to revoke or modify the User Codes at any time without prior notice.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention and use of all information and data that you input or otherwise communicate during your access to and/or use of the Site, samedaypros.com, the samedaypros.com Apps and Social Media or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site, samedaypros.com, samedaypros.com Apps and/or Social Media.
CONSENT TO RECORDING OF TELEPHONE CALLS
You acknowledge that from time to time, we may record certain telephone calls used for the customer service and/or related purposes, and to the extent that any such recording occurs involving you, you consent to such recording.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, samedaypros.com, the samedaypros.com Apps or the Social Media, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, Electronic Messages) may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, SAMEDAYPROS.COM, THE SAMEDAYPROS.COM APPS AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. SAMEDAYPROS.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE, SAMEDAYPROS.COM THE SAMEDAYPROS.COM APPS OR SOCIAL MEDIA, AND SAMEDAYPROS.COM PARTIES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE, SAMEDAYPROS.COM OR THE SAMEDAYPROS.COM APPS WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE, THE SAMEDAYPROS.COM OR THE SAMEDAYPROS.COM APPS WILL BE UNINTERRUPTED, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTED. YOU (AND NOT SAMEDAYPROS.COM PARTIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE SITE, SAMEDAYPROS.COM THE SAMEDAYPROS.COM APPS OR THE SOCIAL MEDIA. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, SAMEDAYPROS.COM OR THE SAMEDAYPROS.COM APPS, OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE, SAMEDAYPROS.COM AND THE SAMEDAYPROS.COM APPS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. BY USING THE SITE, SAMEDAYPROS.COM THE SAMEDAYPROS.COM APPS OR SOCIAL MEDIA, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD SAMEDAYPROS.COM PARTIES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SAMEDAYPROS.COM, THE SAMEDAYPROS.COM APPS, THE SOCIAL MEDIA OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE, SAMEDAYPROS.COM THE SAMEDAYPROS.COM APPS AND SOCIAL MEDIA (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NONE OF SAMEDAYPROS.COM PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
- (i) You are the person to whom the User Codes you used to access the Site, samedaypros.com or the samedaypros.com Apps were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete, or (ii) You are accessing the Site, the samedaypros.com and the samedaypros.com Apps on behalf of the company or organization to whom the User Codes you used to access the Site, the samedaypros.com and the samedaypros.com Apps were issued by us;
- You will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Site, samedaypros.com, the samedaypros.com Apps and Social Media;
- If we grant you access to the Site, samedaypros.com and the samedaypros.com Apps in your individual capacity, you are of the age of majority; and
LOCATION; GOVERNING LAW
TCPA COMPLIANCE STATEMENT AND INFORMATION YOU PROVIDE TO SAME DAY PROS
Upon using Same Day Pros, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our web PLATFORM AND APPLICATIONS. Some of this information will be sent to Service Professionals who will need this information to respond to your request. By providing this information to Same Day Pros, or by submitting a service request, you are requesting, and you expressly consent to being contacted by SAME DAY PROS, THEIR AFFILIATES, AND SERVICE PROFESSIONALS via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS to send you an automated prerecorded call confirming your service request, along with calls from up to five service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either SAME DAY PROS, THEIR AFFILIATES, AND SERVICE PROFESSIONALS may use automated phone technology (including auto-dialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by completing a request service submission form, you are entering into a business relationship with SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS and thus agree to be contacted by SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge.
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 SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS, 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. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REQUEST SERVICE SUBMISSION FORM , INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SAME DAY PROS, THEIR AFFILIATES AND SERVICE PROFESSIONALS AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF SAEM DAY PROS AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.