Last Updated: October 1, 2024
Valid since: 09.15.2024
- General Provisions
1.1. HomeIQ Smart Security Terms of Use (“Terms of Use”) governs your access and use of the Website and home repair quote engine operated by HomeIQ Smart Security, with it registered address: 5319 University Dr PMB 1015 Irvine, CA 92612 (“HomeIQ”, “our,” “us,” or “we”) and located at https://iqhomesecurity.com/ (collectively, the “Website”). By accessing, searching, browsing, and using this Website you (“you” or “User”) give us your consent that you have read, understood, and accepted this Terms of Use. You can send us an email to reach us at: [email protected]. In the case of disagreement with any of the terms and provisions herein, you should stop our Website usage and opt out by closing the Website.
1.2. HomeIQ does not charge you a fee for the Website usage. We also do not offer any paid subscription.
1.3. We declare that our Website is free of charge. However, our Partners may pay HomeIQ fees for services we provide for matching and connecting them with Website Users via the Website. Also, services that our Partners offer via our Website are not free of charge for the Users. We do not control our partners pricing, do not analyze whether the prices set by our Partners are fair or correspond to the type and amount of services they offer. We also do not check and do not guarantee the quality of our Partners
s services. Our main function is to allow Users to see specialists in a particular field via our Website and, possibly, make their choice in favor of one or another specialist solely on the basis of the User’s own decision. We do not provide advice or make recommendations. You, as a user, make your own choice and are solely responsible for it. HomeIQ is not involved in and is not responsible for any relations that you may enter into with any of our Partners. You acknowledge and agree that compensation you pay to our partner is not controlled by us. Except where prohibited by law, HomeIQ will bring no liability for any losses, costs, damages, or claims in connection with, arising from or related to User’s use of a partner’s products or services, including any fees charged by Partners.
1.4. Please be aware that HomeIQ does not provide any home repair services to the User. We carry out business activities as a search engine for home repair services.
- Main Functionality
2.1. With the help of our Website you can send a request for estimates and quotes on home repair and improvement services provided by our Partners – home repair and improvement professionals, contractors and service providers. We offer a search engine for home repair and improvement services, which allows you to find potential options for your project or need. Please note that we do not guarantee the best pricing as we do not carry out a targeted market analysis to identify exactly the most advantageous offers in terms of price or correctness of product/service information displayed on our Website. We do not require our Partners to provide documents or certificates confirming their professionalism, specialized education or competence, at the same time we always recommend seeking the help of licensed professionals to guide you in making informed decisions for your home repair and improvement needs.
2.2. To complete your request, we may ask you to provide specific categories of data depending on the type of service you are requesting by filling out forms or choosing from the offered options.
2.3. By providing us with your data details, you actually form an application for a certain service from our Partners. Thus you explicitly agree to be contacted by selected Partners – home repair and improvement service providers, contractors and professionals. Please, pay attention that you can be also contacted for marketing purposes concerning home repair and improvement services and/or other related products by phone/text messages at the number provided in the appropriate field (including by autodialer, prerecorded message and/or artificial voice), or by email at the email address you have provided. If your phone number is in the DO NOT CALL list or other similar list and you do not want to receive calls, please, inform us about this additionally or do not provide your phone number.
2.4. To send a request for an estimate or quote on home repair and improvement services, you may be asked to provide us with details such as the type of repair or improvement service needed, the project scope and requirements, your location (address), the estimated budget, and your contact details such as name, phone number and email address.
2.5. You understand and agree that by submitting your request to be matched with our Partners on our Website and/or on partner`s websites, you authorize HomeIQ to obtain your personal information to verify your identity and to match you with service providers.
2.6. Please consider that HomeIQ is not a licensed home repair or improvement company, and in any case, HomeIQ shall not be held liable in any form for the quality of partner services, nor responsible for either the availability of Partners or their offerings, quotes, including for any products or services you may obtain by contacting any of them as a result of your use of our Website or the features hereof.
2.7. You agree that HomeIQ is not liable for any advice provided by Partners or any third parties. You agree that you are responsible for your own research and decisions and that HomeIQ is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a HomeIQ User.
2.8. By using the Services, you agree that HomeIQ may collect, store and transfer personal information you provide us on your behalf, and at your sole request. More information about the practices we follow with your personal data is available in our Privacy Policy. You agree that your decision to make available any personal information is your sole responsibility and at your sole risk. HomeIQ has no control and makes no representations to the use or disclosure of information provided to third parties, including our Partners. You agree and understand that any third-parties, including our Partners – services providers, are not under HomeIQ’s control, and that HomeIQ is not responsible for any third party’s use of your information.
2.9. The Website may contain links to third-party websites and services like as links provided by our Partners. HomeIQ provides such links for your convenience only and does not control or endorse these websites and services. You acknowledge and agree that HomeIQ has not reviewed the content, advertising, products, services or other materials that appear on such third-party websites or services and is not responsible for the legality, accuracy or appropriateness of any such content and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such third-party websites or services.
2.10. You agree that HomeIQ is not liable for any advice provided by partners or any third parties. You agree that you are responsible for your own financial research and financial decisions, and that HomeIQ is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a HomeIQ User.
- User’s Representation and Guarantees
3.1. You acknowledge that providing incorrect or false information to HomeIQ may impact your ability to obtain services from the Website.
3.2. By using this Website, you represent and warrant that:
3.2.1. You have the legal capacity and authority to enter into these Terms of Use and are of legal age to do so;
3.2.2. You will not impersonate any person or entity or misrepresent yourself in any way;
3.2.3. You understand that the quotes, fees, terms, rates, coverage or services offered by our Partners may not necessarily be the best available and that HomeIQ does not validate or investigate the licensing, certification or other requirements for the Partner’s qualification improvement;
3.2.4. You understand that HomeIQ is not responsible for the availability of the products or services information about which is available on our Website.
3.3. You guarantee that:
3.3.1. The information and details you provide to us are accurate, current, true and complete. Providing inaccurate or incomplete information may result in incorrect requests and estimates and you not being able to meet your expectations, as our Partner simply will not have the ability to contact you.
3.3.2. You are at least 18 years old, as this Website is not intended for use by minors under the age of 18. If you are 13 or older but under the age of 18, you must review these Terms of Use with your parent or guardian and obtain their agreement before using the Website.
- Intellectual property
4.1. The Website contains materials, such as text, graphics, images and other materials provided by or on behalf of us, and through your use of the Website, you will be provided with additional information from us.
4.2. These materials and information are collectively referred to herein as the “Content.” The Content is owned by HomeIQ and/or our licensors and may be under guard of both United States of America and foreign copyright laws and treaties.
4.3. The Content includes, but is not limited to, the trademarks, service marks and logos that are used and displayed on the Website, which are registered and unregistered trademarks or service marks of us or our licensors. Moreover, the organization and design of the Website are the property of HomeIQ and are protected worldwide by copyright laws and treaty provisions.
4.4. We reserve all rights in and to the Website and related Content. If you submit comments, suggestions, ratings or other feedback regarding the Website or your experience, you agree that we will be free to use such feedback for any purpose, without restriction or obligation to you and without the need to obtain any additional consent from you.
4.5. You are granted permission to use the information provided to you on or via the Website solely for your own personal, non-commercial use, provided that none of the Content was modified and that any legal legends are retained.
4.6. You may not “mirror” any Content contained within this Website without our express prior written consent. Except as stated herein, none of the Content may be used, copied, reproduced, distributed, published, displayed, downloaded or transmitted in any form by any means without our prior written permission.
4.7. Nothing contained in these Terms of Use shall be construed as conferring you any license or right to any trademark or other intellectual property right of HomeIQ or any other party. HomeIQ and the stylized “IQ HOME SECURITY” Logo design, all other trademarks, trade names, service marks and logos displayed throughout the Website are the property of HomeIQ, licensed by HomeIQ or owned by third parties.
4.8. You shall not display, use as a link, use as a meta tag or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout the Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
4.9. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: [email protected]
4.10. We suggest that you consult your legal advisor before submitting a notice or counter-notice.
- Restrictions for the Website usage
5.1. You are not allowed to:
5.1.1. rent, lease, lend, sell, redistribute, reproduce or sublicense the Website.
5.1.2. threatening, harassing, abusing, impersonating, injuring or intimidating others; interfering with others’ use of this Website, unless such interference is for the purpose of complying with another section of these Terms of Use;
5.1.3. copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof;
5.1.4. conducting or supporting illegal activity of any type whatsoever;
5.1.5. transmitting or storing worms or viruses or any code of a destructive nature;
5.1.6. disguising the origin of any content transmitted through this Website or manipulating your presence on the Website; and/or causing the launch of any automated system(s) that accesses this Website in a manner that sends more request messages to servers of the Website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
5.1.7. delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this Website;
5.2. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
5.3. You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.
5.4. These and other violations of HomeIQ rights, including intellectual property rights may result in your liability for actual damages and loss of income to HomeIQ and profits you derive from this misappropriation, or alternatively, for statutory damages per infringed work of the Website or our services, plus all costs and attorneys fees.
5.5. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of HomeIQ images or video or any other Content is strictly prohibited.
5.6. We reserve the right to pursue all legal and equitable remedies against unauthorized uses.
- Limitations on Availability and Liability, Disclaimers and Indemnification
6.1. You realize the Website and/or some aspects thereof may not be available in all languages or in all countries.
6.2. We make no representation that the Website is available or permitted in any particular location. Residents of some states may not be eligible for home repair services or may be subject to large costs.
6.3. Use of the Website is void where prohibited.
6.4. You use the Website at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Website as required by law.
6.5. HomeIQ is not a home repair contractor or company, is not a representative or an agent to any contractor or company, does not endorse any particular contractor or provider and does not make any home repair decisions.. Any home repair project offered to you is provided to you by one of the Partners, and not HomeIQ. We will submit the information you provide to a contractor or a company. This Website does not constitute an offer or solicitation for home repair services. Providing your information on this Website does not guarantee that you will receive home repair services. The estimates, prices or savings advertised by/on this website are not necessarily available from all providers or advertisers. Your actual estimates, prices or savings will vary based on many factors like: Scope of work, Materials needed, Labor costs, Location & more. For questions regarding your home repair project, please contact your contractor or company directly. You are under no obligation to use our website or service to initiate contact, nor apply for home repair services or any product with any contractor or company. Our website does not include all companies or all available offers. We encourage you to research all available home repair options relative to your situation.
6.6. HomeIQ does not necessarily guarantee that quotes, fees, terms, rates, coverage, or services offered by Partners are the best available. HomeIQ does not validate or investigate the licensing, certification or other requirements and qualifications of Partners, so we do not guarantee the quality of services our Partners declare they can provide.
6.7. The terms and conditions of any home repair product offered to you are provided by the Partners based on their underwriting and may vary based on a number of factors.
6.8. It is your responsibility to investigate Partners. You acknowledge and agree that Partners are solely responsible for any products or services that they may offer or provide to you and that HomeIQ shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Partner’s products or services. HomeIQ always recommends getting the advice of professional advisors, agents or other qualified professionals who are fully aware of your individual circumstances before you make any home repair decisions.
6.9. We don’t provide advice or endorse home repair products or Partners that appear on our Website or other communication channels. As a result, it is your sole discretion whether to order services through our Website and to make sure the services you can order via the Website meet your specific needs.
6.10. The prices provided to you are provided by our Partners. Therefore HomeIQ cannot guarantee their accuracy and whether they are the most expedient prices available.
6.11. We do not guarantee that the home repair offered by the Partners on our Website or other forms of communication includes the best terms available in the market.
6.12. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.13. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DURING YOUR ACCESS TO OR USE OF THE WEBSITE, THE SERVICES OR ANY CONTENT.
6.14. ALL HOME REPAIR PRODUCTS/SERVICES QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS/SERVICES AND ARE NOT OUR PRODUCTS/SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS/SERVICES, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS/SERVICES. ALL SUCH PRODUCTS/SERVICES ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE HOME REPAIR PROVIDER (OUR PARTNER), OFFERING SUCH PRODUCTS/SERVICES.
6.15. IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
6.16. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, ANY SERVICE, OR ANY CONTENT IS TO STOP USING THEM.
6.17. You agree that you will be personally responsible for:
6.17.1. your use of the Website, and you agree to defend, indemnify, and hold harmless HomeIQ from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with your access
- Modifications
7.1. HomeIQ reserves the right to modify or discontinue, temporarily or permanently, some or all of the Website functionality at any time without any notice or further obligation to you.
7.2. Therefore, you give your consent that HomeIQ will not be liable to you or to any third party for any modification, suspension or discontinuance of any Website part/function.
- U.S. Government restricted rights
8.1. We warn you that the content of this Website is provided with “Restricted Rights.”
- Notice to California Residents.
9.1. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
- Governing law and choice of forum
10.1. These Terms of Use are governed by the laws of the State of California, without regard to conflict of law principles. Pursuant to Section 10 hereunder, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, the User and HomeIQ agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within the state of California for the purpose of litigating all such disputes.
10.2. In the interest of resolving disputes between you and HomeIQ in the most expedient and cost-effective manner, you and HomeIQ agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).
10.3. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s).
10.4. YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HomeIQ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10.5. You and HomeIQ agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms of Use.
10.6. Notwithstanding Section 10, you and HomeIQ agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to:
10.6.1. bring an individual action in small claims court;
10.6.2. pursue enforcement actions through applicable federal, state, or local agencies where such actions are available;
10.6.3. seek injunctive relief in any competent court of law; or
10.6.4. to file suit in a court of law to address intellectual property infringement claims.
10.7. Any arbitration between you and HomeIQ will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879,.
10.8. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HomeIQ should be addressed to: 5319 University Dr PMB 1015
Irvine, CA 92612 (“Notice Address”).
10.9. The Notice must:
10.9.1. describe the nature and basis of the claim or dispute; and
10.9.2. set forth the specific relief sought (“Demand”). If the User and HomeIQ do not reach an agreement to resolve the claim within 30 days after the Notice is received, User or HomeIQ may commence an arbitration proceeding.
10.10. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse HomeIQ for all fees associated with the arbitration paid by HomeIQ or on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
10.11. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in the state of California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party.
10.12. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Miscellaneous
11.1. The invalidity or unenforceability of any provision of this Terms of Use shall not affect the validity of this Terms of Use as a whole and any such provision shall be enforced and reconstructed in a way that best embodies the intent of this Terms of Use to apply to the applicable law.
11.2. These Terms of Use may not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealing not made a part of the Terms of Use by its express terms. The failure by either party to enforce at any time any of the provisions of this Terms of Use, to exercise any option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Terms of Use. The section headings used herein are for convenience only and shall not be given any legal import.
- Communications with you about your home repair needs
12.1. When you visit HomeIQ’s Website or send email to us, you are communicating with us electronically. HomeIQ may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Website. Therefore, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12.2. By providing your email address, phone number or both on HomeIQ’s Website, you authorize us and our Partners to call you, email you or text you about:
12.2.1. Your home repair needs or quote requests,
12.2.2. Any issue regarding our services, and/or
12.2.3. To provide information or offers you may be interested in, including a response to quotes you have requested from us or our Partners – associated home repair providers.
12.3. HomeIQ and its Partners may contact you at any telephone number(s), mobile or otherwise, that you provide us.
12.4. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you. Message and data rates may apply. You also understand that your consent is not a condition of purchase, and that you can contact HomeIQ directly for more information.
12.5. We agree that you may withdraw your consent to be contacted by contacting us at: [email protected].