TERMS AND CONDITIONS
This Website and the services of Fletcher & Cooley, Inc. (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by Fletcher & Cooley, Inc. (including but not limited to FletcherCooley.com, and etc.) and collectively referred to herein as "Fletcher & Cooley," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.FletcherCooley.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on January 13, 2023.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19.
INTRODUCTION TO FLETCHER & COOLEY
Upon registration, you may choose your own password, or Fletcher & Cooley will assign you a password to access the Services through the Fletcher & Cooley website or apps.
THE STANDARD SERVICES
At Fletcher & Cooley, we are committed to making your total Fletcher & Cooley experience a positive one. There are several ways you can find service professionals through Fletcher & Cooley (collectively, "Service Professionals"). Quick Quote is our service where you request a referral for a specific task, and we refer you to up to five Service Professionals. Also, you may select or search for individual Service Professionals from our Active Directory, a directory of Service Professional members.
Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to five Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select.
You can choose to schedule appointments with certain Service Professionals on the Fletcher & Cooley website. Please be aware that Fletcher & Cooley, Inc. does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, or agents of Fletcher & Cooley, Inc. Fletcher & Cooley is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. Fletcher & Cooley does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach an agreement with a Service Professional. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of Fletcher & Cooley, nor is Fletcher & Cooley an agent of the Service Professionals.
No Contracting via the Fletcher & Cooley Website. Fletcher & Cooley may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and Fletcher & Cooley does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the Fletcher & Cooley or apps, or which you find on the Fletcher & Cooley or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Fletcher & Cooley. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via Fletcher & Cooley. To contract with a Service Professional, you must work directly with the Service Professional. Fletcher & Cooley does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial, and local laws. Fletcher & Cooley is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
Release from Damages or Claims.
Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy Fletcher & Cooley on the fee disputes). YOU HEREBY AGREE TO RELEASE FLETCHER & COOLEY, INC. (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
YOUR USE OF THE FLETCHER & COOLEY SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of Fletcher & Cooley is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect Fletcher & Cooley’s content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use Fletcher & Cooley to recreate or compete with Fletcher & Cooley, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Fletcher & Cooley for any such damages, and will indemnify Fletcher & Cooley in the event of any claims against Fletcher & Cooley based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Fletcher & Cooley Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by Fletcher & Cooley in its sole discretion that you are misusing or attempting to misuse or circumvent the Fletcher & Cooley services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Fletcher & Cooley reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
We may allow you to pay for goods or services provided by Service Professionals, through the Fletcher & Cooley website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, State or local law.
In the event that you are given a code through which you may refer a friend to Fletcher & Cooley in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting, or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Fletcher & Cooley referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Fletcher & Cooley, 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 website or apps. 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 us, or by submitting a service request, you are requesting, and you expressly consent to be contacted by us and by our Service Professionals, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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 Fletcher & Cooley 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 landline or mobile phone number you provided, and you understand that either Fletcher & Cooley or the Service Professionals may use automated phone technology (including auto-dialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Fletcher & Cooley website, communications concerning promotions run by us, and news concerning Fletcher & Cooley and industry developments and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Fletcher & Cooley and/or a Service Professional and thus agree to be contacted by Fletcher & Cooley and/or a Service Professional. 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. If you provide any information that is untrue, not current or incomplete, or Fletcher & Cooley has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fletcher & Cooley has the right to refuse any current or future use of the Fletcher & Cooley Services (or any portion thereof) by you. You are responsible for any use of the Fletcher & Cooley Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive the cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Fletcher & Cooley at any time. You may opt-out of receiving all text (SMS) messages from Fletcher & Cooley (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however, you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that Fletcher & Cooley or its third-party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Fletcher & Cooley 's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by Fletcher & Cooley. During this process, Fletcher & Cooley and its service provider will receive in real-time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Fletcher & Cooley's use and disclosure of this call data for its legitimate business purposes.
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 FLETCHER & COOLEY AND THE 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 SERVICE REQUEST, 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 FLETCHER & COOLEY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF FLETCHER & COOLEY 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.
By submitting a service request, you agree that Fletcher & Cooley and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of Fletcher & Cooley. These texts (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from Fletcher & Cooley at any time by texting the word STOP from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from Fletcher & Cooley and the Service Professionals, your use of Fletcher & Cooley Services may be impacted. Fletcher & Cooley and its affiliates may view, store, access, and disclose messages exchanged between you and consumers transmitted via Fletcher & Cooley's messaging platform.
DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the Fletcher & Cooley resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional whom you learned about through the Fletcher & Cooley Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the Fletcher & Cooley resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that Fletcher & Cooley is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional.
You acknowledge and agree that Fletcher & Cooley may monitor and/or record any telephone calls between you and Fletcher & Cooley.
USER GENERATED CONTENT
Photographs or Images,
You agree that all of the content and information posted by you or your agents or designees on Fletcher & Cooley, including but not limited to:
Comments, Questions and/or Answers,
Any other content
(known collectively as "Content") is the sole and exclusive property of Fletcher & Cooley, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
Our Right to Use Your Content.
You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary, or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License.
You hereby grant Fletcher & Cooley and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Fletcher & Cooley and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
Representation of Ownership and Right to Use Content. By posting or providing any Content to Fletcher & Cooley, you represent and warrant to Fletcher & Cooley that you own or have all necessary rights to use the Content, and grant to Fletcher & Cooley the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places, or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines. Fletcher & Cooley reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Fletcher & Cooley owned or operated websites or apps if Fletcher & Cooley determines (in its sole discretion) that such content contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
References to illegal activity.
Language that violates the standards of good taste or the standards of this Site.
Statements that are or appear to be false.
Comments that disparage Fletcher & Cooley.
With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
Comments concerning a different Service Professional.
Information not related to the work requested in the service request.
If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful and that you will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS
Unless otherwise noted on the screening tab of a Service Professional's profile page, FletcherCooley.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in the United States (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter:
Licensing - We confirm that a prospective new Service Professional business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of Georgia licensing, Fletcher & Cooley relies on representations of service professionals that are using a Georgia General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by Georgia licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
Criminal Records Search - We use third-party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the Fletcher & Cooley network and every two years thereafter. Fletcher & Cooley's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
Identity Verification (Social Security Number) - Fletcher & Cooley verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: FLETCHER & COOLEY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE FLETCHER & COOLEY NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, FLETCHER & COOLEY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. FLETCHER & COOLEY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such an event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, Fletcher & Cooley does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: Fletcher & Cooley allows Service Professionals to post profiles about themselves and their business on the Fletcher & Cooley or apps. Fletcher & Cooley does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. Fletcher & Cooley, therefore, makes no representations or warranties regarding any information posted by a Service Professional and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Fletcher & Cooley. Fletcher & Cooley believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Fletcher & Cooley network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. Fletcher & Cooley does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error-free, or that it is up to date or updated at the time that Fletcher & Cooley checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third-party sources.
DISCLAIMER: FLETCHER & COOLEY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR-FREE.
How do I submit a Claim?
Alert Fletcher & Cooley by email at email@example.com, or by online chat and providing all of the requested information about your issue.
Be prepared to provide the following:
A rating for the project;
Details regarding the scope of the Qualifying Service;
Documentation such as contracts, pictures, text messages or any other pertinent information;
your desired resolution; and
Any other requested information.
AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING.
While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates. These service professionals have NOT been screened by Fletcher & Cooley using the screening set forth in Section 12.
RATINGS & REVIEWS ARE NOT ENDORSED BY FLETCHER & COOLEY.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Fletcher & Cooley. Fletcher & Cooley disclaims any and all representations or warranties with regard to the Ratings and Reviews. Fletcher & Cooley does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
ARTICLES AND OTHER CONTENT
Fletcher & Cooley provides certain content relating to home improvement, repair, maintenance ("Articles"), on the Fletcher & Cooley or apps, and via mobile applications owned and operated by Fletcher & Cooley. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY SITES
The links in the Fletcher & Cooley or apps will let you leave Fletcher & Cooley's Web site. The linked sites are not under the control of Fletcher & Cooley and Fletcher & Cooley is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Fletcher & Cooley is not responsible for webcasting or any other form of transmission received from any linked site. Fletcher & Cooley is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fletcher & Cooley of the site.
THIRD-PARTY COPYRIGHTS AND OTHER RIGHTS
Fletcher & Cooley respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at firstname.lastname@example.org.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Fletcher Cooley server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Distribution requires the express written permission of Fletcher & Cooley, Inc. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Fletcher & Cooley or apps or any other Fletcher & Cooley owned, operated, licensed or controlled site. Elements of the Fletcher & Cooley or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Fletcher & Cooley web Site may be copied or retransmitted unless expressly permitted by Fletcher & Cooley. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. FLETCHER & COOLEY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FLETCHER & COOLEY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE FLETCHER & COOLEY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLETCHER & COOLEY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
YOU AGREE TO INDEMNIFY FLETCHER & COOLEY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE FLETCHER & COOLEY SERVICES IN CONNECTION WITH THE FLETCHER & COOLEY WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
The exclusive means of resolving any dispute between you and Fletcher & Cooley or any claim or controversy arising out of or relating to use of this Website and/or Fletcher & Cooley's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Fletcher & Cooley any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
By using the Website and/or Fletcher & Cooley's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Fletcher & Cooley. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Fletcher & Cooley may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and Fletcher & Cooley, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You acknowledge and agree that the Fletcher & Cooley Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Fletcher & Cooley's sole obligation to you or any third party for any claim arising out of your use of the Fletcher & Cooley Services or the Fletcher & Cooley or apps, is that you are free to discontinue your use of the Fletcher & Cooley Services or the Fletcher & Cooley or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Fletcher & Cooley EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT Fletcher & Cooley SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Fletcher & Cooley HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Fletcher & Cooley's successors, assigns, and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void, or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Fletcher & Cooley to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and Fletcher & Cooley and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.