Terms of Service
Terms and Conditions
Use of Our Services / Prohibited Uses
You agree and acknowledge that you are in need of a service and you are wanting to be contacted to get your needed service provided. You agree and acknowledge that you are not using our forms to solicit service professionals for marketing or advertising purposes or any other use not contemplated herein. You agree to not use our forms for spamming, jamming, content scraping, infiltrating, advertising, marketing, fraud, or hacking. If you do so we reserve the right to seek remedies for damages including but not limited to legal fees, repairs, and lost revenue. You agree and acknowledge that when you check boxes for additional services you expect to be contacted in regards to those services as well.
Information Provided To Us By You / TCPA Consent
When filling out our forms to request one or more services you will be prompted to provide information about yourself such as first and last name , email address, phone number, street address, zip code, comments, services, etc. Some, if not all, of the information you provide to topsidingrepair.com will be sent to service professionals so they can respond to your service request. When you submit our forms or provide this information to us you are giving us your consent and verification of your intention that you want to be contacted by us or/and service professionals and contractors who provide services via phone, text, fax, email, SMS messaging, or other means, at any of the contact numbers or addresses, even if you have previously or currently are listed on any federal Do Not Call List or other state, federal, city, county, or provincial list. This includes solicitations, notifications, appointments, scheduling, and follow ups for other purposes reasonably related to your service request including marketing related emails. You are also authorizing topsidingrepair.com and our partners to send you prerecorded automated calls confirming service requests. You may receive calls from up to four service professionals per partner who can assist with your request to the landline or mobile phone number you provided. You understand that us and/or our partners may use prerecorded telephone technology including prerecorded messages that are autodialed to call you and that your consent is not required to purchase products or services. Visit our privacy page for additional information about our privacy practices and policies. You acknowledge and agree that by completing one or more service requests by submitting our forms or contacting us that you are entering into a business relationship with us and/or our partners and thus you are agreeing to be contacted by us and/or our partners. You agree and acknowledge that inputting false information such as name, phone number, email address, address, and other info is a serious and fraudulent matter that could lead to damages and significant costs including invasion of privacy rights to us, our partners, consumers, and other innocent parties. These damages could include but aren’t limited to loss of revenue, legal fees, loss of time and effort, penalties, and other losses. In you intentionally or knowingly input false information into our forms including but not limited to the use of someone else’s name, email address, physical address, or phone number, or if you make up a random or fake name, email address, physical address, or phone number you agree to indemnify us and our partners and be liable to us and each of our service partners for a minimum amount of $10,000 and even more if further damages and losses occur such as legal fees and damages including direct, indirect, punitive and consequential damages, judicial fines, attorney expenses, regulatory fines, and any other penalties associated and arising from the intentional, harmful, and misleading fraudulent activity.
Articles and Content
Our content may offer advice from time to time and you acknowledge and agree that our suggestions or advice does not substitute for the knowledge and advice from a service professional. We are not liable for any decision you make that you later regret or if you spend more money than you previously expected because you followed suggestions or advice. Disputes Between You and Service Professionals We do not guarantee the work of any service professional and any disputes that arise between you and a service professional are between you and the service professional, not us. We have no obligation to you in regards to your relationship between you and your service professional or the quality of work performed by the service professional, or any damages caused to you or your property by the service professional(s).
You agree to indemnify us, our employees, our partners, our officers, our agents, and our owners, and hold each of us harmless from any and all demands or claims including legal expenses and attorney fees made by any third party because of or arising from the use of any of our services or partner services in connection with any of our websites, with regard to any disputes between you and service professionals or contractors, or your violation of any of these terms and conditions, or any claims arising from your violations of any rights of any third party.
Arbitration and Governing Law
Any dispute between you and us or our websites must be resolved exclusively by binding arbitration through the American Arbitration Association or in small claims court in a competent jurisdiction. However, whether you choose arbitration or small claims court, you may not commence any type of class action, class arbitration or other representative actions or proceedings against us.
By filling in our form and submitting your information to us and our partners you acknowledge and agree that our partner service professionals may send you informational text messages, SMS messages as part of their normal business practices. You may choose to opt out from receiving these SMS messages at any time by texting STOP from the mobile device that is receiving the messages.
You agree and acknowledge that us and our partners may monitor and/or record any phone calls you make using the phone numbers listed on our websites. Service Professional Pre-Screening Disclaimers and Procedures We make no guarantees of the quality of the service professionals who may contact you. Our partners have their own requirements and may prescreen service professionals as they deem appropriate. Although most service professionals are completely legitimate, licensed, and certified in their trade, there is a chance that certain professionals could slip through the cracks, not have proper business licenses and filings, criminal background records searches, sex offender searches, identity verification such as social security numbers, legal searches for civil judgments, etc. Many of our partners pre-screen for some or all of these things but that screening is typically done at the beginning of verifying the service professional and doesn’t take into account anything that may have occurred negatively for that service professional after the initial screening procedures. Furthermore, for service professionals using Corporate Accounts such as employees, franchisees, dealers, and independent contractors those screening methods can be different or non existent, meaning no screening at all.
You agree and acknowledge that our services offered are provided to you on an “as is” basis with no warranties or guarantees whatsoever, and your exclusive and sole remedy for dissatisfaction of the services we offer or provide is to discontinue using our services. Except as expressly set forth herein we expressly disclaim any implied warranties or guarantees or any kind and you agree that we shall have no liability for direct, incidental, indirect, special, consequential, or incidental damages, including but not limited to lost profits, punitive damages, exemplary damages, or other damages, even if we have been advised of the possibility of such damages, arising out of arising out of this agreement or any other consequences which could flow from it. If any of the provisions of terms and conditions within this agreement shall become deemed unlawful, unenforceable, or void by a court of competent jurisdiction then that provision shall be modified to the extent to make it enforceable while maintaining the spirit of the provision. If modification is an impossibility then that provision will be stricken but all remaining provisions will be enforceable and valid. You agree that any claim or call to action resulting from the use of our services offered, regardless of any law or statute to the contrary, must be filed within (1) one year the cause of action or claim arose, or it must forever be barred. The titles of the sections in our Terms of Service have no legal or contractual effect and have been provided only for your convenience.
What We Collect
We collect all the information you provide to PACT sites (topsidingepair.com) through our contact us forms, including your name, email address, phone number, zipcode the services you select, and the comments you provide.
What We Do With That Information
We pass that information along to our partners who will relay that info to contractors in your area so the contractors can contact you to do the work needed. We also may email you with additional questions, offers, updates, and follow ups.