Conditions of Use for the Online Portal EFynch

Below are the Conditions of Use for EFynch and EFynch.com. It is extremely important that You review and understand these.

Topics covered include:

GENERAL REMARKS ON HOW EFYNCH WORKS

Welcome to the EFynch – a product of EFynch.Com (“EFynch.Com“). The following Conditions of Use govern Your use of this EFynch website/portal and EFynch via mobile application (collectively, “EFynch Portal”), an Electronic Product, whether to visit the site or register to become a “Designated User” of the EFynch Portal. If You visit the EFynch Portal, You accept these Conditions of Use. These Conditions of Use, as amended from time to time, supplement any terms and conditions in any other agreement. Unless otherwise specified, capitalized terms herein have the meaning defined in the Definitions section set forth below.

EFynch.Com provides this EFynch Portal to Users, free of charge, to solicit bids from Service Professionals for their Projects, including, but not limited to, electrical work, plumbing work, landscaping and yard work, hardscaping work, garbage removal, kitchen/bath renovations, roofing work, painting, and other minor and major Projects. Users can upload Project related information and descriptions for review and bidding by Service Professionals. The EFynch Portal offers a platform on which Service Professionals can then submit bids and other information to the User to compare. Service Professionals, pursuant to a separate license agreement, pay a license fee for the use of the EFynch Portal per Project, which fee is based upon a percentage of the Project value (“Service Professional License Fee“). Once the User selects a Service Professional, EFynch.Com allows the Service Professional and User to easily exchange information regarding the Project, including contract documents, drawings, change orders, invoicing, communication and other Project documents. The User does not pay the Service Professional upfront; rather, the following business day after the User and Service Professional enter into a contract for the Project, the User escrows the contract amount with EFynch.Com and then directs EFynch.Com when to release funds to the Service Professional during the course of the Project. Users can then submit an assessment of the Service Professional and the Service Professionals can respond to the assessment via the EFynch Portal. EFynch.Com reserves the right to remove any assessments or comments that it deems, in its sole discretion and without recourse or liability to the Service Professional or User, to violate these terms.

EFynch.Com may also advertise, from time to time, “Weekly Deals” being offered by Service Professionals. These Weekly Deals are offered by the Service Professionals to Users. Any such advertisements are not intended to be an offer of services by EFynch.Com.

Certain Designated Users approved by EFynch.Com may have access to view Service Professional Profiles and can electronically forward the Profiles to other Users as well as Visitors. No advertisement, statement or Profile on the EFynch Portal that is viewed or shared with another User shall be deemed a recommendation or referral for any particular Service Professional by EFynch.Com.

GENERAL SITE USE

DEFINITIONS

Designated Users or Designated User – Any person or entity who registers for an account to use or access certain parts of the EFynch Portal.

EFynch.Com – EFynch.Com, its parent, subsidiary and affiliates.

EFynch Portal – The online service residing at https://www.EFynch.Com, www.fynchnest.com and available via mobile applications from EFynch.Com to Visitors and Designated Users, including all products, services and features offered via the service and pursuant to these Conditions of Use, as may be amended from time to time.

Electronic Content or Content - All services and content available in or through the EFynch Portal shall be deemed included within the definition of Electronic Content. Electronic Content shall include all Content uploaded by Users (“User Content”) or Service Professionals (“Service Professional Content”)(sometimes User Content and Service Professional Content will be, respectively, referred to as “Your Content”).

Intellectual Property Rights – Intellectual Property rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world. You acknowledge that the Electronic Content and the EFynch Portal and the Intellectual Property Rights contained therein are protected by law. All rights not specifically given to You are expressly reserved by EFynch.Com.

Service Professionals or Service Professional or Contractor or Pro – The terms “Service Professional”, “Contractor”, “Pro” or similar designation shall mean any person who bids on Work posted by Users on the EFynch Portal and/or uses the EFynch Portal for Project management. The term Service Professionals includes, but is not limited to, tradesmen, laborers, home improvement contractors, handymen, service providers and professionals providing services to Users for Work. All Service Professionals are independent contractors; no Service Professional is associated, affiliated or employed with or by EFynch.Com. The term Service Professional or Contractor shall not signify that the professional providing services is a current licensed home improvement contractor, as that term may be defined by applicable law, unless otherwise set forth on the Service Professional’s profile.

Users or User - Any person who uses the EFynch Portal to post Work in connection with soliciting bids from Service Professionals and/or uses the EFynch Portal for Project management, except Service Professional(s) defined below. Users may include but are not limited to any employees, consultants, contractors and agents, and third parties with which You transact business.

Visitor or You/Your – Any person visiting or accessing the EFynch Portal, including, but not limited to Users, Designated Users, Service Professionals, and any person, corporation, entity or business visiting or accessing the EFynch Portal.

Work or Project – residential and non-residential Projects, including electrical work, plumbing work, landscaping and yard work, hardscaping, garbage removal, kitchen/bath renovations, roofing work, painting, and other minor and major Projects.

Profile – EFynch.Com maintains a Profile on each Service Professional, which Profile may contain basic information regarding the Service Professional, including, but not limited to, background information, ratings provided by other Users, license information, certifications, insurance information and photographs of the Service Professional and his or her Work. The information is provided as a resource for the User in selecting a Service Professional and is neither a guarantee of a Service Professional’s expertise, certifications, license status, experience or quality of work, nor a representation regarding the background, license status or quality of work of any of the Service Professional’s employees, subcontractors or suppliers. Users should independently ensure that a Service Professional maintains the necessary licenses to perform the Work. A Profile will not have information regarding all types of licenses or certifications required for particular Work in a particular jurisdiction and may contain information that is not current as of the date the Work is performed.

DISCLAIMERS DIRECT TO USERS

Service Professionals are not screened by EFynch.Com. However, Service Professionals must register as a Designated User, to bid any Work and, as part of that process, each Service Professional must represent, acknowledge and affirm the following:

✓ Licensing. Each Service Professional must acknowledge that it is properly licensed by the State or Local authorities, if applicable, to perform any Work for which it bids. Before accepting any bids, Users should confirm these licensing requirements with the applicable state and local licensing authorities.

✓ Permits. Each Service Professional must also acknowledge that it will conform to any requirements regarding permitting and governmental approval required by the county or local authority in which the Work is being performed. We recommend You confirm these permitting and approval requirements before proceeding with Your Project. Some states and local authorities hold Users liable for failing to obtain proper permits and governmental approval for Work.

✓ Subcontractors or Subcontractor. Larger Projects often require the use of subcontractors or other trades for specific types of Work. Each Service Professional must acknowledge that it will only subcontract with individuals or companies properly licensed by the state or local authorities, if applicable, to perform any portion of the Work. Users should confirm these licensing requirements with the applicable state and local licensing authorities to verify that all the subcontractors doing Work carry the appropriate licensing. EFynch.Com cannot verify the licensing status of Service Professionals or subcontractors in all jurisdictions and/or trades and relies on the representation of the Service Professionals.

✓ State Business Filings – If a Service Professional is a corporation or limited liability company, that Service Professional must acknowledge that it is in good standing in the state in which it is located. Users should check with the state body governing corporations to confirm this information.

✓ Criminal Records Search. Each Service Professional must also swear that he or she has not been convicted of a serious crime, felony or misdemeanor other than minor traffic violations. While EFynch.Com may, from time to time, retain a third party to perform a limited background check on a Service Processional, EFynch.Com does not perform complete background searches or criminal records searches on all Service Professionals. Users may be able to obtain criminal records searches from third party vendors. Furthermore, Users may be able to check the Sex Offender Registry of the state in which the Service Professional resides or is in business. EFynch.Com does not run sex offender searches in any states. Civil and criminal records may also be publicly available in the state in which the Service Professional resides or is in business.

✓ Qualifications. EFynch.Com will take certain steps to bar any Service Professional from the use of the EFynch Portal if EFynch.Com is informed of i) a Service Professional’s false or inaccurate representation, acknowledgment or affirmation related to becoming a Verified Contractor or in connection with the use of the EFynch Portal; or ii) any failure to complete the Work pursuant to industry standards and applicable laws. EFynch.Com makes no guarantees or representations regarding the skills or representations of any Service Professional or the quality of the job that he or she may perform. EFynch.Com does not endorse, solicit or recommend the services of any Service Professional. The User is solely responsible for investigating and assessing a Service Professional‘s qualifications. EFynch.Com does not negotiate or get involved in the selection or contracting of any Service Professional. The User is solely responsible for selecting and entering into a direct contract or otherwise reaching an agreement with a Service Professional. Users may want to contact an attorney for advice on entering into a contract with a Service Professional and/or regarding any state or local licensing, permitting or other laws related to the Work. EFynch.Com does not guarantee or warrant any Service Professional‘s performance of the Work. EFynch.Com is not an agent of any Service Professional. Use of the EFynch Portal to obtain bids from Service Professionals or to upload construction documents, including contracts, does not create any contractual relationship between the User and EFynch.Com for the performance of the Work. The User’s rights are governed by the contractual relationship with the Service Professional selected to perform the Work, and the User agrees that any dispute regarding the performance of the Work will rest solely with the Service Professional and not with EFynch.Com. You agree that EFynch.Com is not responsible for the accessibility or unavailability of any Service Professional or for Your interactions and dealings with any Service Professional. You agree to waive the right to bring or assert any claim against EFynch.Com relating to any interactions or dealings with any Service Professional, and You release, acquit, and forever discharge EFynch.Com from any and all liability for or relating to any interactions or dealings with Service Professionals or the Work.

EFynch.Com is not a contractor and does not provide, arrange for, offer or bid on any Work. EFynch.Com also will not and does not negotiate or offer to negotiate any contract for any Work. EFynch.Com is not a contractor, subcontractor, tradesman, salesperson or estimator with respect to any Work. EFynch.Com provides the EFynch Portal as Project management software and bidding solution to Users and Service Professionals. EFynch.Com is not responsible for the accuracy of the information or Electronic Content uploaded by Users or Service Professionals, which are solely responsible for ensuring the accuracy of the information.

UPLOADING CONTENT

EFynch.Com allows the Service Professional and User to easily exchange information or Content regarding the Work, including contract documents, drawings, change orders, invoicing, communication, photographs and other Project documents, information, and content, including personal information such as Your name, address and telephone number. As a condition of uploading any Content to the EFynch Portal, You agree that:

CONTENT – USER ASSESSMENTS OF SERVICE PROFESSIONALS & RESPONSES

EFynch.Com allows the User to upload or input information regarding the Work performed by the Service Professional, including the quality of the Work and the professionalism of the Service Professional (collectively, “Assessment”) and permits Service Professionals to respond to any Assessment (“Response”). As a condition of uploading any Assessment or Response to the EFynch Portal, the User and Service Professional agree, respectively, that:

PAYMENT FOR WORK – DEPOSIT OF CONTRACT FUNDS WITH EFYNCH.COM

The next business day after User and the Service Professional have fully negotiated and executed a written contract for the Work, the User shall then deposit the contract price for the Work with EFynch.Com. EFynch.Com shall hold the deposit in trust for the User for the payment of the Work. EFynch.Com shall promptly and no later than seven (7) days from receipt of the same deposit the money in an account that is maintained by EFynch.Com in a financial institution that has one or more branch locations in the State in which the Work is performed and whose deposits are insured by the Federal Deposit Insurance Corporation. Such account need not be an interest bearing checking or saving account or any combination thereof, and, in no event, shall the User or Service Professional be entitled to any interest accrued on any such deposit. EFynch.Com shall maintain the money in the account until:

OTHER DISCLAIMERS

Third parties and Service Professionals may link or otherwise direct internet users to the EFynch Portal for the purpose of utilizing one or more of the services provided by EFynch.Com. EFynch.Com may provide links or otherwise direct You to third party or Service Professional websites. EFynch.Com does not control or operate any such third party or Service Professional websites. Any information You provide to these third party or Service Professional websites while on these third party or Service Professional websites is subject to the respective policies of those third parties or Service Professional policies. It is Your responsibility to review such third party or Service Professional policies, including any relevant privacy policies. You agree that EFynch.Com will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for Your use or inability to use such websites. EFynch.Com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give to any third party or Service Professional sites. You use these third party or Service Professional websites at Your own risk and assume the sole responsibility for accessing the same. EFynch.Com disclaims all responsibility and liability for the content of any third-party Service Professional websites.

AVAILABILITY OF ELECTRONIC CONTENT

EFynch.Com provides Visitors access to Electronic Content via the EFynch Portal. EFynch.Com reserves the right to either expand or to reduce, at any time, the range Electronic Content made available through the EFynch Portal. EFynch.Com further reserves the right to change the functions and the manner of functioning of the EFynch Portal and to expand or supplement the range of services offered therein.
EFynch.Com makes every effort to adjust and update, punctually and fully, the Electronic Content available on the EFynch Portal. EFynch.Com, however, is under no legal obligation to adjust or update these items of Content or Project data, individually or all together, at fixed intervals of time from the date made available going forward. EFynch.Com accepts no liability for the accuracy or timeliness of the Electronic Content of the EFynch Portal.
EFynch.Com shall (i) use commercially reasonable efforts to make the EFynch Portal available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which EFynch.Com shall give at least 8 hours’ notice via the EFynch Portal), or (b) any unavailability caused by circumstances beyond the reasonable control EFynch.Com, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving EFynch.Com employees), internet service provider failures or delays, or service attacks, and (ii) provide access to the EFynch Portal only in accordance with applicable laws and government regulations.
EFynch.Com shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Content that You upload or enter into the EFynch Portal. EFynch.Com shall not intentionally (a) modify User Content or Service Professional Content or (b) disclose Content except as set forth herein.

COPYRIGHT

The Electronic Content of the EFynch Portal, and each article and abstract and all other material available through the EFynch Portal are protected by copyright (unless otherwise indicated on the title page of the article and excepting documents uploaded by Service Professional and User for Work). You have certain rights specified below with respect to Electronic Content; all other rights are reserved.

VISITOR RESPONSIBILITIES

You shall (i) be responsible for compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Content and of the means by which You acquired Your Content, (iii) use commercially reasonable efforts to prevent unauthorized use of the EFynch Portal, and notify EFynch.Com promptly of any such unauthorized use, and (iv) use the EFynch Portal only in accordance with applicable laws and government regulations. You shall not (a) sell, resell, rent or lease the EFynch Portal, (b) use the EFynch Portal to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or copyright rights, (c) use the EFynch Portal to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of the EFynch Portal or third-party data or Content contained therein, or (f) attempt to gain unauthorized access to the EFynch Portal or their related systems or networks.

GENERAL RULES OF USE

RESTRICTIONS

Except as otherwise permitted under this Agreement, You may not (a) use the EFynch Portal access for other than as permitted under this Agreement; (b) reverse engineer, decompile, or disassemble the EFynch Portal; (c) download, print, copy, circulate, publish, reproduce, or otherwise commercially exploit EFynch.Com information or Electronic Content that is part of or accessible from the EFynch Portal; (d) use the EFynch Portal to send spam or otherwise unlawful email messages or to send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (e) use the information or Electronic Content obtained from the EFynch Portal to send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (f) knowingly use the EFynch Portal to send or store material containing any harmful computer code; (g) knowingly interfere with or disrupt the integrity or performance of all or any part of the EFynch Portal, (h) attempt to circumvent the security features or otherwise gain unauthorized access to unauthorized portions of the EFynch Portal; (i) modify, copy or create derivative works from any code from the EFynch Portal; or (j) disassemble, reverse engineer, or decompile any code for any part of the EFynch Portal in order to build for non-internal purposes, a product or service that is competitive with the services provided by EFynch.Com.

RESERVATION OF RIGHTS/OWNERSHIP

ALL RIGHTS IN THE EFYNCH PORTAL NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY EFYNCH.COM. The EFynch Portal may be protected by United States and international copyright laws and treaties, as well as patent and other intellectual property laws and treaties. Except for the rights granted by EFynch.Com in this Agreement, as between the parties, all title, copyright, patent and other proprietary rights, including trade secrets (if any), in and to all copies of the EFynch Portal are owned solely and exclusively by EFynch.Com or its affiliates.
EFynch.Com reserves the right to store the access history of the Visitor on the EFynch Portal, including, but not limited to, logon history and download/upload history, for a period of time. EFynch.Com has no obligation to share this access history absent a court order or agreement to do so.

EFYNCH.COM LOGO

EFynch.Com's logos are a trademark of EFynch.Com. The logo is protected by law and may not be used without EFynch.Com's express written permission. EFynch.Com retains the exclusive right to grant or refuse permission to use its logo. Any other logos and brand names displayed on the EFynch Portal are the exclusive intellectual property of their respective owners. To the extent applicable, these items are licensed to EFynch.Com but remain the property of their respective owners.

ACCURACY OF INFORMATION

EFynch.Com reserves the right to correct, change, or update any information on these sites at any time without prior notice. EFynch.Com is not responsible for any errors, inaccuracies, or incomplete information contained on the EFynch Portal, including any Content uploaded by a User or Service Professional.

DISCLAIMER

You use the EFynch Portal at Your own risk. The materials on the EFynch Portal are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible, pursuant to applicable law, EFynch.Com and its affiliates disclaim all warranties of merchantability and fitness for a particular purpose, and of accuracy of information or Electronic Content contained on the EFynch Portal. EFynch.Com does not warrant that the functions contained in the EFynch Portal will be uninterrupted or error free, that defects will be corrected, or that it or the server that makes it available are free of viruses or other harmful components.
EFynch.Com and its employees, directors, officers, agents, vendors, or suppliers will not be liable to You for any losses or direct, indirect, incidental, consequential, exemplary, or punitive damages arising out of or in connection with Your use of or the inability to use the EFynch Portal.
EFynch.Com is not responsible for any charges associated with accessing the EFynch Portal, including, but not limited to, any computer equipment, telephone or Internet connections and access software.
EFynch.Com may modify any of these terms and conditions at any time. Your continued use of the EFynch Portal shall be conclusively deemed acceptance of such modifications.
If You are dissatisfied with the EFynch Portal, or with these Conditions of Use, Your sole and exclusive remedy is to discontinue using the site.
EFynch.Com makes no representation or warranty that the EFynch Portal or the information contained therein may be lawfully accessed, transmitted, viewed, downloaded, or otherwise used outside of the United States. Any Visitor accessing the EFynch Portal from outside the United States does so at her or her own risk and is solely responsible for compliance with the laws of the jurisdiction from which access is made.

LINKS/SCREEN SHOTS

Unauthorized use of images from EFynch.Com websites or the EFynch Portal to create buttons or to highlight links to EFynch.Com is strictly prohibited. Unauthorized use of screen shots of pages from the EFynch Portal or on other EFynch.Com websites is strictly prohibited, without written permission from EFynch.Com.

SECURITY

You are prohibited from violating or attempting to violate the security of the EFynch Portal. You may not, directly or indirectly through others: (a) Access data of Content not intended for You or log into a server or account that You are not authorized to access; (b) Attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) Attempt to interfere with service to any Visitor, host, or network, including, without limitation, submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) Send unsolicited email, including promotions or advertising of products or services, to email addresses accessed through the site; (e) Forge any part of the header information in any email or newsgroup posting; (f) Use any device, software, or routine to interfere or attempt to interfere with the proper working of the EFynch Portal, or of any activity conducted on or through the site; or (g) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate through or search the EFynch Portal.
Any action that imposes an unreasonable or disproportionately large load on EFynch.Com infrastructure is prohibited. Violations of system or network security may result in civil or criminal liability. EFynch.Com will investigate such violations and may involve and cooperate with law enforcement authorities in prosecuting Visitors who are involved in such violations.

TERMINATION OF USE

Subject to and in addition to any rights of termination under the License Agreement, EFynch.Com and its representatives reserve the right to deny use of the EFynch Portal or any other EFynch.Com websites to any Visitor for any reason without notification. Any violation of the Conditions of Use may result in legal action against you. EFynch.Com may, in its sole discretion and at any time, modify or terminate the EFynch Portal and remove or refuse to post any information, Content, materials, or other offering.

REPRESENTATIONS/WARRANTIES

EFynch.Com represents and warrants that (a) the services provided by EFynch.Com hereunder will not violate or infringe any United States registered patent or copyright; (b) EFynch.Com maintains industry standard and protocols and procedures designed to (i) prevent unauthorized access to the EFynch Portal, (ii) prevent disabling devices including, but not limited to, codes, commands or instructions that may be used to access, alter, delete, damage or disable the EFynch Portal; and (c) EFynch.Com has not received written notice that the EFynch Portal violates any laws applicable to EFynch.Com’s business.

DATA/CONTENT DISCLAIMERS

EFYNCH.COM OBTAINS DATA AND CONTENT FROM SOURCES BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS ARE NOT GUARANTEED. DATA AND CONTENT MAY CONTAIN NONCONFORMITIES, DEFECTS, ERRORS OR OMISSIONS. EFYNCH.COM ONLY PROVIDES THE LIMITED WARRANTY CONTAINED IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, , YOU DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, RELIABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE INTERNET IS NOT ALWAYS SECURE AND MAY SOMETIMES GIVE RISE TO SECURITY RISKS. EFYNCH.COM SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE EFYNCH PORTAL, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR DEMAND ARISING OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION (SUCH AS THE USE OF OR INABILITY TO USE THE EFYNCH PORTAL AND/OR DATA, OR THE PROVISION OF OR FAILURE TO PROVIDE ANY ATTENDANT SUPPORT SERVICES), EVEN IN THE EVENT OF FAULT, NEGLIGENCE OR MISREPRESENTATION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT EFYNCH.COM IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE – THE EFYNCH PORTAL – AND EFYNCH.COM SHALL NOT BE TREATED AS THE PUBLISHER OR SPEAKER OF ANY INFORMATION PROVIDED BY ANY VISITOR OF THE SITE, INCLUDING ANY USER, SERVICE PROFESSIONAL OR THIRD PARTY CONTENT PROVIDER, AND YOU AGREE THAT EFYNCH.COM IS NOT LIABLE FOR ANY SUCH CONTENT EVEN IF AWARE OF ANY OBJECTIONABLE CONTENT.

INDEMNIFICATION

You shall defend, indemnify and hold EFynch.Com, including its directors, officers, employees and agents, harmless against any damages, losses, liabilities, penalties, fines, demands, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of any third party claim relating to Your breach or alleged breach of any representations, warranties, covenants or obligations under these Conditions of Use or relating to Your failure to comply with any law or regulation applicable to the EFynch Portal, including, but not limited to, any laws governing any Content uploaded or shared by You on the EFynch Portal.

INVALID PROVISIONS

If any provision of these Conditions of Use is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of EFynch.Com, and the remainder of the Agreement will remain in full force and effect.

ATTORNEY’S FEES

In any action or proceeding between Service Professional and User based, in whole or in part, upon the performance or non-performance of the Work or pursuant to any terms and conditions of a contract for the Work between User and Service Professional, including, but not limited to, breach of contract, negligence, misrepresentation or fraud, and EFynch.Com is made a party to such action or proceeding, including, but not limited to, any litigation, arbitration, or complaint and claim before and state administrative body, whether as defendant, cross-defendant, third-party defendant or respondent, User and Service Professional, jointly and severally, agree to indemnify and hold EFynch.Com harmless from and against any and all liability, loss, cost, damages or expenses (including filing fees, court costs, service of process fees, transcript fees and attorneys’ fees) incurred by EFynch.Com in such action or proceeding. This Paragraph shall apply to any and all such action(s) or proceeding(s) against EFynch.Com including, but not limited to, any that are based, in whole or in part, upon any alleged acts or omissions by EFynch.Com.

THE EFYNCH PRIVACY PROMISE

Other than making Service Professional Profile information available to Users and providing Project related information attendant with any bid solicitations to Service Professionals, EFynch.Com is committed to protecting the privacy of Designated User’s information, including any personal and financial information, which includes information that identifies a User’s name, address, location, telephone or cellular numbers, place of employment or electronic mailing address. EFynch.Com will protect the privacy and keep a Designated User’s financial information as well as information regarding a User’s use of the EFynch Portal, safe. EFynch.Com uses encryption and other security safeguards to protect that information. EFynch.Com does not sell the personal or financial information of any Designated User. EFynch.Com will not provide that information to third-party marketers. The personal and financial information of Designated Users will be maintained by EFynch.Com until it is no longer needed for business, tax or legal purposes. Any information collected by EFynch.Com is collected solely in connection with the Designated User’s use of the EFynch Portal, responding to any questions or bid solicitations by the User, addressing network integrity (to help prevent fraud, abuse or security risks), advising a Designated User of any updates of the EFynch Portal, advising Users of any promotions of Service Professionals, or assisting in the prevention of any illegal or improper activities that are contrary to these Conditions of Use or applicable law.
EFynch.Com may share personal or use information of any Visitor to comply with any court order or legal process, assist in identity verification, prevent fraud, or enforce these Conditions of Use. EFynch.Com may use or sell information that does not identify a Designated User’s personal information or financial information, and aggregate it with the anonymous information of other Designated Users to use for research, analytics reports, analysis, marketing, or EFynch.Com advertising.
EFynch.Com does not knowingly collect any personal information from anyone under the age of eighteen (18).
EFynch.Com may obtain Your personal information from a third party or existing Designated User, in which case, EFynch.Com may use that information to provide You information regarding EFynch.Com, Service Professionals or promotions offered on the EFynch Portal by third parties or Service Professionals. Please see the EFynch.Com Contact Sharing section below for more information.

EFYNCH.COM DISPUTE & ARBITRATION AGREEMENT

You agree that any claim or controversy You have arising out of or related to Your use of the EFynch Portal or regarding the terms of this Agreement against EFYNCH.COM or its directors, officers, employees and agents, including, but not limited any claims by You regarding the validity of this arbitration clause, shall be settled by arbitration administered by the American Arbitration Association by a panel of one arbitrator. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. An arbitration award may be entered in any court having jurisdiction. You agree that any dispute subject to arbitration hereunder shall not be adjudicated as a class action or consolidated class proceeding. You acknowledge that You are waiving Your right to jury trial by agreeing to arbitration.

THE EFYNCH CONTACT SHARING

You may have been referred to EFynch.Com by a third party or existing Designated User. This referral may be made for the purpose of providing You with a direct link to EFynch.Com or Profile information for a particular Service Professional.
If You are provided with the Profile information for a particular Service Professional, it shall not be deemed as a referral or recommendation by EFynch.Com of any particular Service Professional. Any recommendation or referral of any particular Service Professional by a third party or other Designated User shall not be deemed a recommendation, representation or opinion of EFynch.Com regarding that Service Professional. EFynch.Com does not rate or recommend any particular Service Professional.
While EFynch.Com does maintain a Profile of Service Professionals and will take commercially reasonable efforts to verify the background information and identity of one or more Service Professional (“Verified Service Professional”), it uses publicly available resources and other independent resources in connection with those efforts, so EFynch.Com cannot – and does not – make any warranties that the information is accurate or up to date, including criminal searches, which may be limited in time, scope or geography.
EFynch.Com advises and recommends that Users independently investigate any Service Professional, including any Verified Service Professional, hired by the User. While EFynch.Com offers links to certain resources that a User may find helpful in this regard, including the Maryland Home Improvement Commission and Department of Labor and Licensing websites, those resources may not provide a complete background of the Service Professionals or their experience, certifications, insurance or licensure status. As such, Users agree to hold EFynch.Com harmless in connection with the hiring of any Service Professional.

Realtor Services; Long & Foster Home Services

From time to time, EFynch.Com may work with realtors to provide them information regarding Service Professionals. If You were referred to EFynch.Com or a Service Professional through a real estate agent, please review any notices or terms and conditions that they may be required to provide You in connection with that referral. If You were referred to EFynch.Com or a Service Professional by a Long & Foster real estate agent, please refer to the notice regarding the same by visiting www. ___________. When any referral from a real estate agent is made to a User regarding EFynch.Com or a particular Service Professional, You agree to hold EFynch.Com and the real estate agent harmless in connection with the same.

THE EFYNCH.COM “VERIFIED CONTRACTORS”

At this time, the EFynch.Com verification process ONLY applies to Service Professionals listed in the State of Maryland. When EFynch.Com is able to verify, via resources publicly available to EFynch.Com and information provided by the Service Professional, that a particular Service Professional maintains a Maryland Home Improvement License, Commercial General Liability Policy (which may or may not cover the Work), and does not have a publicly available record of a Maryland criminal conviction (other than traffic violations) and is not registered as a sex offender, EFynch.Com shall designate those Service Professionals as “Verified Service Professionals” or “Verified Contractors”.
All Verified Contractors are members of FYnchnest, a designation used to let all Users know that EFynch.Com was able to verify the following information as of a specific date regarding a particular Service Professional:

  1. Active Home Improvement License in Maryland as of a specific verification date
  2. Active Commercial General Liability Insurance
  3. No outstanding Maryland warrants or Maryland criminal convictions (other than traffic violations)
  4. Not listed on the Maryland Sex Offender Registry
  5. Identity verified via a government issued ID

IT IS STRONGLY URGED THAT YOU VERIFY THE INFORMATION AND PERFORM FURTHER INVESTIGATION OF ANY SERVICE PROFESSIONAL THAT YOU HIRE.


In addition to publicly available and Service Provider provided information, EFynch.Com uses a third-party to perform a limited background check on the Verified Contractor, which does not extend to states outside of Maryland. EFynch.Com does not independently warrant the accuracy of the information provided by the forgoing and is not liable for any inaccuracies of the same.