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This agreement describes the terms and conditions applicable to you (“HOMEOWNER”) or (“MURALIST”) to use of our FindaMuralist.com (“THE REFERRAL SERVICE”) services.

 

THE REFERRAL SERVICE is a nationwide MURALIST referral service.  Providing HOMEOWNERS with MURALISTS in their area that specialize in the work the HOMEOWNER wants completed.

1. All HOMEOWNERS and MURALISTS

By accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement, and that you will or have accurately completed any personal information and or requests submitted to us.

2. General Disclaimer for HOMEOWNERS

By using THE REFERRAL SERVICE, you acknowledge and agree that THE REFERRAL SERVICE is not your general MURALIST. THE REFERRAL SERVICE is a free referral service providing MURALIST referrals nationwide.

It is your sole responsibility to select a MURALIST that shows their proof of bonding, insurance and license.  It is also your responsibility to do your due diligence on each MURALIST you interview. 

It is your sole responsibility to negotiate terms, pricing and the job to be done.  THE REFERRAL SERVICE will in no way take responsibility for any missed terms, wrong pricing or negligence from the MURALIST.

You may want to consult with appropriate expert advisers to assist in your home improvements, including a lawyer and your local state department regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the MURALIST's and your own insurance coverage requirements.

THE REFERRAL SERVICE does not:

a.       Guarantee the licensing and bonding information from each MURALIST.

b.       Require MURALISTS in states that a license is required to show proof on a contracting license.

c.       Does not guarantee that you will be contacted by MURALISTS.  We will do what we can to match you with MURALISTS in your area that specialize in your home improvement. THE REFERRAL SERVICE will not be liable for delays and other unforeseen damages resulting in the use of our service.

3. General Disclaimer for MURALISTS

By using THE REFERRAL SERVICE, you acknowledge that THE REFERRAL SERVICE relies on data submitted electronically through our web sites by third parties (“HOMEOWNERS”).  Therefore, THE REFERRAL SERVICE does not guarantee the validity of any information submitted by the HOMEOWNER.

Moreover, THE REFERRAL SERVICE will not be held liable for false information submitted on our web site, falsified plans, and/or project data submitted by the HOMEOWNER.

THE REFERRAL SERVICE does:

1. Call each HOMEOWNER to confirm their information and their interest of having a MURALIST contact them.
2. Follow up with each HOMEOWNER within 2 weeks to see if they have selected a MURALIST and to get a report on all MURALISTS we submitted.
3. Screen all HOMEOWNERS before sending the leads to any MURALIST.

4. General Disclaimer for our proprietary matching technology and database systems.

a.       THE REFERRAL SERVICE does not guarantee the validity of our matching system.  Matching is completed throughout the business day from 8AM – 4PM.  All requests, lead acceptances, new HOMEOWNER applications, MURALIST applications and all data submitted on our web site after business hours will be processed the next business day.  THE REFERRAL SERVICE will not be held liable for untimely lead matching and billing.

b.       THE REFERRAL SERVICE may in certain situations match HOMEOWNERS with more or less than four MURALISTS depending on the size and nature of the project.  THE REFERRAL SERVICE has the right to match and sell data to MURALISTS in our network at any time up to 12 months from the time the information was submitted.

c.       All HOMEOWNER AND MURALIST data is stored securely in databases.  All sensitive information is encoded using a proprietary coding technology that securely and accurately holds and supplies information.

5. Use of Account; Privacy

Please review our privacy policy.

6. Changes to the Service or Terms

THE REFERRAL SERVICE may from time to time without notice change, add, or remove certain features of our service or change the terms of this Agreement. If you are dissatisfied, confused or have any questions regarding changes to our terms and service features please contact THE REFERRAL SERVICE.

 7. Disclaimer of All Warranties / Waiver of Rights

You understand that THE REFERRAL SERVICE has no control over any Third Party services.

THE REFERRAL SERVICE. makes no warranty that the service or the Third Party services will meet your requirements or that use of the service or the Third Party services will be uninterrupted, timely, secure, or error-free; nor does THE REFERRAL SERVICE or its suppliers make any warranty as to the results that may be obtained from use of the service or the Third Party services, or the accuracy or reliability of any information obtained through the service or the Third Party services, or that any defects in the service or the Third Party services will be corrected.

THE REFERRAL SERVICE and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the service or the Third Party services. Any material or data obtained through use of the service or Third Party services must be used at your own discretion and risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
THE REFERRAL SERVICE does not guarantee the quality or fitness of any work performed by any MURALISTS.

8. Limitations of THE REFERRAL SERVICE Liability Release

THE REFERRAL SERVICE will not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account.

Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting THE REFERRAL SERVICE's liability beyond what is permissible under applicable law.

You agree not to hold THE REFERRAL SERVICE responsible for any damages or other liabilities arising from work performed by any MURALIST.
Because THE REFERRAL SERVICE is not and cannot be involved in your dealings with MURALISTS and HOMEOWNERS or control whether or not MURALISTS will complete any work as agreed, in the event that you have a dispute with one or more MURALIST, you release THE REFERRAL SERVICE (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

9. Refund Policy

THE REFERRAL SERVICE has the right to provide a refund on a case by case basis.  THE REFERRAL SERVICE will not provide monetary refunds on leads sent.  Lead Credits and any type of refund are void if you contact the lead.  THE REFERRAL SERVICE will provide lead credits for future leads in the event a lead is the following:

          1. Not interested in having MURALISTS work with them.

          2. Wrong Phone Number and contact information

          3. Lead matches that do not meet the specified MURALISTS details.

10. Termination of Account

You may terminate your account, this Agreement, and your right to use the service, at any time and for any reason or no reason, by contacting THE REFERRAL SERVICE Project Services team. Notifying THE REFERRAL SERVICE in any other way of your desire to terminate your account may result in delays in processing your request. THE REFERRAL SERVICE reserves the right to immediately suspend or terminate your account in its sole discretion. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of any the fee-based services before termination. THE REFERRAL SERVICE will not provide refunds or any monetary compensation for funds left in your account and lead credits.

11. Miscellaneous

THE REFERRAL SERVICE, the MURALISTS, and any marketing Partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship.

This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by THE REFERRAL SERVICE or its representatives or resellers.

 

In the event of any dispute with respect to the performance of this Agreement that results in litigation, arbitration, mediation or any other alternative dispute resolution procedure, the prevailing party shall be paid by the non-prevailing party any costs, including reasonable attorney’s fees, incurred in said action or procedure.

 

This Agreement shall be binding on the heirs, successors and assigns of the parties hereto.

 

This fully executed Agreement will supersede any previously made agreements by the parties hereto whether oral or written.

 

In the event that any provision of this agreement is or becomes unenforceable, the remaining provisions shall remain effective and binding on the parties to this agreement.

 

The parties agree that this Agreement shall be construed and enforced in accordance with the laws of the State of California. That should any litigation ensue or any arbitration become necessary, the parties agree to litigate, arbitrate or mediate this matter in the State of California, County of Los Angeles, City of Los Angeles.

 

Any questions about our terms and conditions, liability, please send an email to: muralists@finadamuralist.com