Installation Made Easy®
[ProgramName] Text Alerts
When you opt in to receive [ProgramName] Text Alerts via SMS message, you will receive certain updates about your project, such as appointment and install reminders, in addition to reminders of any actions that you may need to take, such as signing certain paperwork or making payment. The frequency of these alerts will vary based on your specific project. You can cancel the SMS service at any time. Just utilize the same link you utilized to opt in located in any of the emails that you have received from us. After you unsubscribe, we will send you a SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, utilizing the link in any of the emails that you have received from us, and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can get help directly at [800#]. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy: Privacy Policy
Last updated: September 11th, 2024
Pursuant to its contractual arrangements with various home improvement retailers and manufacturers, Installation Made Easy, Inc. , a Delaware corporation (“IME”), through its software applications, provides contractor referral and project ancillary services to customers of those retailers and manufacturers in connection with the installation of products purchased from the retailers and/or manufacturers. The customer contracts directly with the referral contractor for the installation services. The IME software ancillary services, provided through IME’s My Home Project Center web-site (the “Site”), are provided to both the referral contractor and the customer and include payment management assistance and installation project scheduling and monitoring. For purposes of these terms and conditions (this “Agreement”), the term “Services” refers to the contractor referral and ancillary project management assistance provided to IME’s referral contractors and its retail partners’ and manufacturers customers through the Site.
[ProgramName] TERMS AND CONDITIONS
This Agreement sets forth the general terms and conditions of your use of the Site and Services and any of its related products and services, including any other web-sites that are owned or operated by IME, its subsidiaries and affiliates, and are necessary to perform the Services. This Agreement is a legally binding agreement between you ("User", "you" or "your") and IME, its subsidiaries and affiliates ("Operator", "we", "us" or "our"). By accessing and using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" will refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Site and Services. You acknowledge that this Agreement is a contract between you and IME, even though it is electronic and is not physically signed by you, and it governs your use of the Site and Services.
1. ACCOUNTS AND MEMBERSHIP
You must be at least 18 years of age to use the Site and Services. By using the Site and Services and by agreeing to this Agreement, you warrant and represent that you are at least 18 years of age. If you create an account in the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
2. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Installation Made Easy, Inc., 301 Gold Creek Drive, Dawsonville, GA 30534. If you have questions, concerns or complaints regarding the Services, please contact Installation Made Easy, Inc. by either sending: (i) an email to legal@imeinc.com; or (ii) a letter, first class certified mail, to Installation Made Easy, Inc., Attn: Legal Department, 301 Gold Creek Drive, Dawsonville, GA 30534.
California residents may reach 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 N-112, Sacramento, California 95834, or by telephone at or (800) 952-5210 or Hearing Impaired at TTY (800) 735-2929 or TDD (916) 322-1700.
3. INTELLECTUAL PROPERTY RIGHTS
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the IME or any of its affiliates or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with IME. All trademarks, service marks, graphics and logos used in connection with the Site and Services, are trademarks or registered trademarks of IME or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Site and Services may be the trademarks of other third parties. Your use of the Site and Services grants you no right or license to reproduce or otherwise use any of the trademarks of IME or any of its affiliates or any third party licensor.
We hereby grant you a non-exclusive, non-transferable, limited right to access and use the Site and the Services for your own personal or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. We reserve the right to restrict your access to part or all of the Site (including any password protected areas) at any time without notice or liability.
4. CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its terms relating to the Site and Services at any time, effective upon posting of an updated version of this Agreement in the Site. When we do, we will revise the updated date at the [top] of this page. You are responsible for your own continuous compliance with this Agreement and other guidelines released by us from time to time. You shall not, and shall not permit others to, engage in activities prohibited by us, including, without limitation: (a) intentionally accessing data not intended for your use; (b) attempting to breach security or authentication measures without proper authorization, or interfere with this Site and any products or Services offered on the Site; (c) taking any action to obtain Services to which you are not entitled; or (d) assisting or permitting any persons in engaging in any of the activities described above.
5. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
Except as expressly provided otherwise, all Services sold, licensed or provided through this Site are governed by this Agreement and are provided on an “AS IS” basis. We do not make any express or implied warranties, conditions or representations to you with respect to the Services, third party work provided hereunder or otherwise regarding this Agreement, whether oral or written, express, implied or statutory. No representation or other affirmation of facts, including, but not limited to, statements regarding the performance of the Services which is not contained in this Agreement, will be binding on us. You acknowledge and agree that we will not be liable for any error, omissions, defect, deficiency or nonconformity in the Services. Without limiting the foregoing, we expressly exclude and disclaim any implied warranty or condition of merchantability, accuracy or fitness for a particular purpose or that the Services (or your use thereof) will be error free or uninterrupted. You assume all risks associated with the Services.
Neither IME, nor its officers, directors, employees, shareholders, agents, or representatives will be liable for any incidental, indirect, special, exemplary, consequential or punitive damage or other similar type of damages, including, but not limited to, damages or costs incurred as a result of loss of time, loss of savings, loss of data, loss of profits, loss of goodwill, loss of business opportunities or software error, whether foreseeable or unforeseeable, that may arise out of or in connection with the use of the Services or this Agreement, including but not limited to, damages or costs resulting from the use of or inability to use the Services, even if we have been notified of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise.
IME is not responsible for any loss or damage that you may suffer as a result of you not using the Services correctly or if you fail to comply with this Agreement or any other instructions given to you by us.
6. INDEMNIFICATION
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or Services on this Nobile Application; and (vi) your use of this Site or the products or Services of IME or any of its affiliates or any third party.
7. GOVERNING LAW; JURISDICTION AND VENUE
This Agreement is governed by and will be interpreted in accordance with the laws of the State of Georgia, without regard to its conflicts of laws principles. Contracts will not apply to or govern this Agreement. You consent to the exclusive jurisdiction and venue of the state and federal courts in Atlanta, Georgia, U.S.A., and you irrevocably commit to the jurisdiction and venue of said courts and waive any right to object thereto. The parties further agree that this Agreement will be deemed to have been entered into, executed and performed for all purposes within the State of Georgia.
8. MISCELLANEOUS
Privacy. Our current Privacy Policy is available on this website and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein. Please see our Privacy Policy by clicking here.
Miscellaneous. If any provision of this Agreement is found unlawful, void or for any reason unenforceable, then that provision will be considered severable from the remaining provisions of this Agreement and will not affect the validity and enforceability of the remaining provisions. This Agreement is the entire agreement between you and us relating to the subject matter hereof. This Agreement may be modified only by our posting of changes to this Agreement, or by a writing signed by both parties. Any inquiries concerning this Agreement should be directed to legal@imeinc.com.