Usage agreements

This Website/App and the services of HUNNY-DUNN (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 HUNNY-DUNN(including but not limited to HUNNY-DUNN.com and the HUNNY-DUNN app, collectively referred to herein as “HUNNY-DUNN,” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at HUNNY-DUNN.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 11, 2023.

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19.

1. INTRODUCTION TO HUNNY-DUNN
   Upon registration, you may choose your own password or HUNNY-DUNN will assign you a password to access the Services through the HUNNY-DUNN website or apps.
2. THE STANDARD SERVICES
   At HUNNY-DUNN we are committed to making your total HUNNY-DUNN experience a positive one. There are several ways you can find service professionals through HUNNY-DUNN (collectively, “Service Professionals”). Pro finder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews.

1. Team Builder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service needs. 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.
2. Live Directory. You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.(coming soon)
3. Contractor Connect. With Contractor Connect, you can instantly connect with your HUNNY-DUNN project advisor.  You are also able to have your Advisor connect you with your Service Professionals by voice or video meeting immediately. If you request, HUNNY-DUNN will contact your Service Professional and connect you with them by your chosen method, provided a Service Professional is available..
4. Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HUNNY-DUNN website. Please be aware that HUNNY-DUNN 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, contractors or agents of HUNNY-DUNN. HUNNY-DUNN is solely providing the platform and service to facilitate scheduling of appointments between you, the client, and the Service Professionals.
5. 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. HUNNY-DUNN does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 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 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 HUNNY-DUNN, nor is HUNNY-DUNN an agent of the Service Professionals.
6. No Contracting via the HUNNY-DUNN Website. HUNNY-DUNN may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional; HUNNY-DUNN does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HUNNY-DUNN website or apps, or which you find on the HUNNY-DUNN website or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HUNNY-DUNN. 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 HUNNY-DUNN. To contract with a Service Professional, you must work directly with the Service Professional. HUNNY-DUNN 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. HUNNY-DUNN is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
7. 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 HUNNY-DUNN  on the fee disputes). YOU HEREBY AGREE TO RELEASE HUNNY-DUNN (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.

1. 1. YOUR USE OF THE HUNNY-DUNN SERVICES AND PROHIBITED USES
      You acknowledge and agree that your use of HUNNY-DUNN is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HUNNY-DUNN content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HUNNY-DUNN to recreate or compete with HUNNY-DUNN, 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 HUNNY-DUNN for any such damages, and will indemnify HUNNY-DUNN in the event of any claims against HUNNY-DUNN based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HUNNY-DUNN 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 HUNNY-DUNN in its sole discretion that you are misusing or attempting to misuse or circumvent the HUNNY-DUNN 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, HUNNY-DUNN 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
      

       

       

• HUNNY-DUNN KEY MEMBERSHIP.
  

   

   

1. Select: HUNNY-DUNN may from time to time offer consumers the opportunity to purchase certain Book Now Services and other HUNNY-DUNN services at a discount provided the consumer first agrees to purchase an annual HUNNY-DUNN Membership (“HUNNY-DUNN Membership”). Any discounts obtained through the HUNNY-DUNN Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
2. BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HUNNY-DUNN Membership, you will be billed immediately for your initial HUNNY-DUNN Membership subscription period. BY ENROLLING IN ANY 
3.  MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HUNNY-DUNN MEMBERSHIP, YOU AUTHORIZE HUNNY-DUNN TO CHARGE YOU FOR YOUR INITIAL HUNNY-DUNN MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HUNNY-DUNN MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HUNNY-DUNN MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HUNNY-DUNN MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HUNNY-DUNN MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HUNNY-DUNN (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
4. Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the HUNNY-DUNN Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
5. Declination of Payment: If an eligible payment method HUNNY-DUNN has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
6. CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HUNNY-DUNN MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEMBERSHIP RENEWAL DATE. You may cancel your Membership by visiting the HUNNY-DUNN Contact Center at https://www.HUNNY-DUNN.com/contact/ or by mailing a notice of cancellation to HUNNY-DUNN, Inc. Attn.: Legal, 11815 Fountain Way, Newport News, VA 23606. Following cancellation of your Membership you will continue to have access to your Membership through the end of your current paid Membership period. Should you cancel your HUNNY-DUNN Membership, HUNNY-DUNN reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Membership period.
7. LIMITATIONS ON MEMBERSHIP: For non Scheduled Services, your discount is capped at $35 per service and must be requested via HUNNY-DUNN.
   
   

1. OFFERS AND DISCOUNTS.
   
   

1. Referral Discounts. In the event that you are given a code through which you may refer a friend to HUNNY-DUNN 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. HUNNY-DUNN referral discounts are redeemable for Book Now Services. HUNNY-DUNN 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.
2. Promotional Coupons.

1. Promotional coupons are only eligible for the specific services designated by HUNNY-DUNN. Promotional coupons are valid for a limited time only and expire on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HUNNY-DUNN reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
2. HUNNY-DUNN promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use HUNNY-DUNN. Promotional coupons may not be purchased for cash and HUNNY-DUNN does not sell promotional coupons. Promotional coupons are nonrefundable.
3. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction-based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
4. Your HUNNY-DUNN account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once, and your HUNNY-DUNN account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.

1. No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HUNNY-DUNN, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider and is made directly by and between the Service Provider and you.

1. 1. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
      Upon using HUNNY-DUNN, 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, including Home Depot and Empire Today, 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 being contacted by us and by our Service Professionals, including Home Depot and Empire Today, 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 HUNNY-DUNN to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HUNNY-DUNN or the Service Professionals may use automated phone technology (including autodialed 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 HUNNY-DUNN website, communications concerning promotions run by us, and news concerning HUNNY-DUNN 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 HUNNY-DUNN and/or a Service Professional and thus agree to be contacted by HUNNY-DUNN 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 HUNNY-DUNN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HUNNY-DUNN has the right to refuse any current or future use of the HUNNY-DUNN Services (or any portion thereof) by you. You are responsible for any use of the HUNNY-DUNN Services by persons to whom you intentionally or negligently allow access to your password. 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 cancellation of your account. You also acknowledge that HUNNY-DUNN 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 HUNNY-DUNN’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 HUNNY-DUNN. During this process, HUNNY-DUNN 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 HUNNY-DUNN’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 HUNNY-DUNN 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 SOMEONE 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 HUNNY-DUNN AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HUNNY-DUNN 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, WHICHEVER IS GREATER.
      
      

• HUNNY-DUNN MESSAGING
  
  

1. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from HUNNY-DUNN, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. HUNNY-DUNN reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HUNNY-DUNN also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. HUNNY-DUNN, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
2. Cancellation
   Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that HUNNY-DUNN and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HUNNY-DUNN through any other programs you have joined until you separately unsubscribe from those programs.
3. Help
   Text the keyword HELP to our shortcode to return customer care contact information.
4. You acknowledge that by opting out of receiving text (SMS) messages from HUNNY-DUNN and the Service Professionals, your use of HUNNY-DUNN services may be impacted. HUNNY-DUNN and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HUNNY-DUNN’s messaging platform or via HUNNY-DUNN’s website.

    

    

1. 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 HUNNY-DUNN 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 who you learned about through the HUNNY-DUNN 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 HUNNY-DUNN 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 HUNNY-DUNN is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional.
2. CALL RECORDING
   You acknowledge and agree that HUNNY-DUNN may monitor and/or record any telephone calls between you and HUNNY-DUNN.
3. USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on HUNNY-DUNN, including but not limited to:

• Photographs or Images,
• Comments, Questions and/or Answers,
• Any other content
  (known collectively as “Content”) is the sole and exclusive property of HUNNY-DUNN, 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 a 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 HUNNY-DUNN 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 HUNNY-DUNN 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 HUNNY-DUNN, you represent and warrant to HUNNY-DUNN that you own or have all necessary rights to use the Content, and grant to HUNNY-DUNN the rights granted below. The foregoing 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. HUNNY-DUNN 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 HUNNY-DUNN owned or operated websites or apps if HUNNY-DUNN determines (in its sole discretion) that such content contains or features any of the following:

1. 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.)
2. References to illegal activity.
3. Language that violates the standards of good taste or the standards of this Site.
4. Statements that are or appear to be false.
5. Comments that disparage HUNNY-DUNN.
6. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:

1. 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”).
2. Comments concerning a different Service Professional.
3. Information not related to work requested in the service request.
4. 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.

    

    

1. SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO BOOK NOW SERVICES OR PROJECT ADVISOR SERVICES).
   Unless otherwise noted on the screening tab of a Service Professional’s profile page, HUNNY-DUNN.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) applying for membership in our network. We perform the below screening at the time of the Service Professional business’ enrollment:

• • Licensing – We confirm that a prospective new SP 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 subcontractors 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 California licensing, HUNNY-DUNN relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California 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 HUNNY-DUNN network. HUNNY-DUNN’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.

     

     

• WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
  
  NOTE: HUNNY-DUNN PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HUNNY-DUNN NETWORK, AND THEREFORE A SERVICE PROFESSIONAL’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HUNNY-DUNN CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HUNNY-DUNN 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, HUNNY-DUNN does not screen the Corporate Accounts or Corporate SP’s.
  
  Service Professionals Profiles: HUNNY-DUNN allows Service Professionals to post profiles about themselves and their business on the HUNNY-DUNN or apps. HUNNY-DUNN 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. HUNNY-DUNN 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 HUNNY-DUNN. HUNNY-DUNN 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 HUNNY-DUNN 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. HUNNY-DUNN 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 HUNNY-DUNN 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: HUNNY-DUNN 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.

RATINGS & REVIEWS ARE NOT ENDORSED BY HUNNY-DUNN.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 HUNNY-DUNN. HUNNY-DUNN disclaims any and all representations or warranties with regard to the Ratings and Reviews. HUNNY-DUNN 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.

1. 1. ARTICLES AND OTHER CONTENT
      HUNNY-DUNN provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HUNNY-DUNN or apps, and via mobile applications owned and operated by HUNNY-DUNN. 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.
   2. PRODUCT LIABILITY. Neither HUNNY-DUNN nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against HUNNY-DUNN or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by HUNNY-DUNN or any of its affiliates.
   3. LINKS TO THIRD PARTY SITES
      The links in the HUNNY-DUNN or apps will let you leave HUNNY-DUNN’s Website. The linked sites are not under the control of HUNNY-DUNN and HUNNY-DUNN 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. HUNNY-DUNNis not responsible for  webcasting or any other form of transmission received from any linked site. HUNNY-DUNN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HUNNY-DUNN of the site.
   4. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
      HUNNY-DUNN respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at legal@HUNNY-DUNN.com. You acknowledge that HUNNY-DUNN may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and HUNNY-DUNN only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between HUNNY-DUNN and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. HUNNY-DUNN disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor.
   5. 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 HUNNY-DUNN 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 Web site 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. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HUNNY-DUNN. 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 HUNNY-DUNN or apps or any other HUNNY-DUNN owned, operated, licensed or controlled site. Elements of the HUNNY-DUNN 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 HUNNY-DUNN web Site may be copied or retransmitted unless expressly permitted by HUNNY-DUNN. 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. HUNNY-DUNN 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. HUNNY-DUNN 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 HUNNY-DUNN WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HUNNY-DUNN 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.
   6. INDEMNIFICATION
      YOU AGREE TO INDEMNIFY HUNNY-DUNN, 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 HUNNY-DUNN SERVICES IN CONNECTION WITH THE HUNNY-DUNN 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
  

   

   

1. The exclusive means of resolving any dispute between you and HUNNY-DUNN or any claim or controversy arising out of or relating to use of this Website and/or HUNNY-DUNN’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 HUNNY-DUNN any class action, class arbitration, or other representative action or proceeding.
2. *NOTICE OF RIGHTS*. By using the Website and/or HUNNY-DUNN’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 HUNNY-DUNN. 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.
3. 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 HUNNY-DUNN may be commenced only in the federal or state courts located in Newport News City/County, Virginia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
4. These Terms and Conditions, and any dispute between you and HUNNY-DUNN, shall be governed by the laws of the state of Virginia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

1. GENERAL PROVISIONS. You acknowledge and agree that the HUNNY-DUNN Services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and HUNNY-DUNN’s sole obligation to you or any third party for any claim arising out of your use of the HUNNY-DUNN Services or the HUNNY-DUNN or apps, is that you are free to discontinue your use of the HUNNY-DUNN Services or the HUNNY-DUNN or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HUNNY-DUNN 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 HUNNY-DUNN SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HONEY-DUNN 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 insure to the benefit of HUNNY-DUNN’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 HUNNY-DUNN 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 Virginia as such laws are applied to agreements entered into and to be performed entirely in the State of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Newport News City/County, Virginia. These Terms and Conditions constitute the entire agreement between you and HUNNY-DUNN 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.

    

    

© 2022-2023 HUNNY-DUNN/ Hobley LLC. All rights reserved.

Service Agreements

Last updated December 23, 2022.

The following are the terms and conditions applicable to the HUNNY-DUNN membership and scheduled services. By using HUNNY-DUNN Membership Services, you agree that you are bound by the following terms and conditions, as well as the general HUNNY-DUNN Terms and Conditions (together, your “Agreement”).

HUNNY-DUNN Membership Services

Definitions. HUNNY-DUNN Membership Services (or “HUNNY-DUNN ”) is a service offered by HUNNY-DUNN consisting of HUNNY-DUNN aiding in completing home service projects via phone, text, or online for HUNNY-DUNN  members. “You” or “Yours”, as used throughout these terms refers to each person who has been provided with HUNNY-DUNN’s HUNNY-DUNN  service (“HUNNY-DUNN  Member”) or who is authorized to access and use the HUNNY-DUNN  services. Persons calling in from your registered phone number or using your registered email address to utilize HUNNY-DUNN  services will be considered authorized by you as being a permissible user of your HUNNY-DUNN  service, as limited below.

HUNNY-DUNN Membership Services Specifications, Rules, and Limitations.

• • You will not be assigned a specific HUNNY-DUNN customer care representative as your Account Manager, rather, your Account Manager may be different HUNNY-DUNN representatives, based upon availability at the time of your request.
  • HUNNY-DUNN Membership Services covers only assistance with home services related requests, and specifically excludes legal, medical, tax or other non-home-services related support.
  • An Account Manager cannot and will not negotiate or sign contracts for you.
  • An Account Manager cannot guarantee pricing or preferential treatment by service professionals.
  • Requests made for an Account Manager to find the lowest priced services will be done by an Account Manager in a commercially reasonable manner until the Account Manager believes that the price found is the lowest reasonable price, in certain cases by providing you with HUNNY-DUNN’s True Cost Guides to help you evaluate pricing.
  • An Account Manager cannot be used for physical tasks (e.g., meeting potential contractors in person);
  • An Account Manager cannot assist you with obtaining building permits.

• Your HUNNY-DUNN  service may only be used for personal home service’s needs, and may not be used for commercial or business purposes. In certain cases, and only with your permission, an Account Manager may search outside of the screened and approved HUNNY-DUNN network to find a service professional that can complete your job. If you choose to hire a service professional that is not a screened and approved member of the HUNNY-DUNN network, HUNNY-DUNN expressly denies and/or disclaims any and all warranties, guarantees, representations, or assurances with respect to that service professional, their actions or inactions, and the work they provide, including that the project will be done right. Further, in such an event, the pre-screening section of the HUNNY-DUNN Consumer T&Cs do not apply to such non-member service professionals.

• HUNNY-DUNN Account Managers are not licensed contractors or tradesmen, and cannot provide advice, or guidance, regarding services related to construction, maintenance, or improvement.

Getting the Job Done Right

• An Account Manager will assist you in getting your home projects for which you hire a screened and approved active member of the HUNNY-DUNN network (“Member Service Professional”) done right. In the event of any dispute between you and a Member Service Professional, HUNNY-DUNN will endeavor to help you reach a mutually acceptable resolution with the Member Service Professional, however, HUNNY-DUNN is not responsible or liable to either you or the Member Service Professional if a mutually acceptable resolution is not reached. Moreover, in order to receive the benefits of HUNNY-DUNN’s promise to help get your project done right, the following requirements apply:

• You must have a written contract signed by both you and the Member Service Professional (“Work Agreement”).
• HUNNY-DUNN’s obligations apply solely to work that is clearly set forth and agreed upon in the Work Agreement.
• The service professional must be a Member Service Professional and not a service professional outside of the HUNNY-DUNN network.
• The work must be for you as an individual consumer requesting service for your residential property (i.e., Service Requests submitted by commercial entities such as property management companies, real estate investment companies, or home builders are not covered).
• Any checks you write must be to the Member Service Professional with whom HUNNY-DUNN matched you. For example, if we refer you to ABC Plumbing, but you write a check to Joe Smith, you have failed to comply with this requirement.
• Your method of payment to the Member Service Professional must be provable/traceable (e.g., copy of a canceled check)
• Any complaints about work must be able to be objectively assessed, rather than subjective (e.g., dissatisfaction with a color or trim that you selected).
• You must first seek a remedy with the Member Service Professional before reaching out to HUNNY-DUNN for assistance.
• You must contact HUNNY-DUNN customer service via phone, e-mail, letter, fax, or online “live chat” within 60 days (about 2 months) following the events giving rise to your issue or concern. If you notify HUNNY-DUNN that you are dissatisfied with the work performed by a Member Service Professional, and that you have been unable to resolve any dispute with the Member Service Professional, HUNNY-DUNN may elect, in its sole discretion and at no expense to you, to have one or more additional HUNNY-DUNN Member Service Professionals (“Reviewing Service Professionals”) inspect the service or project, potentially including visiting the job site and interviewing you, and render their opinion to HUNNY-DUNN as it relates to the workmanship and service of the original Member Service Professional. If HUNNY-DUNN chooses to employ this approach, which is solely at HUNNY-DUNN’s discretion, then you must accommodate such a visit and provide complete and accurate information to the Reviewing Service Professional.
• HUNNY-DUNN shall also have the right, in its sole discretion, to choose whether to have another HUNNY-DUNN Member Service Professional (“Remedy Service Professional”) provide service to remedy the workmanship or services in dispute at no expense to you.
• All disputes with Member Service Professionals must be thoroughly and accurately documented in writing and copies of all related documents, including original signed contracts or agreements, evidence of payments, signed change orders, etc. must be provided to HUNNY-DUNN if you would like your Account Manager to assist in resolving any disputes.

Compliance. As a condition of using HUNNY-DUNN Membership Services, you agree to abide by all applicable local, state, national, and international laws and regulations relevant to the use of HUNNY-DUNN Membership Services. In addition, you warrant that you will not use HUNNY-DUNN Membership Services for any purpose that is unlawful or prohibited by this Agreement or the terms of another website (including, without limitation, any use that infringes another’s copyright). You may not use the HUNNY-DUNN Membership Services in any manner that could damage, disable, overburden, or impair the HUNNY-DUNN website, the HUNNY-DUNN call center, any user of the website, any user of the call center, or interfere with any other party’s use of HUNNY-DUNN Membership Services or the HUNNY-DUNN services. Services are limited to the United States.

Call Recording. You understand that all telephone calls to and from a HUNNY-DUNN Account Manager may be monitored for quality assurance purposes and recorded. All queries and calls submitted to HUNNY-DUNN Membership Services in any form or fashion will become property of HUNNY-DUNN along with the answers and replies.

SMS Messaging. By using HUNNY-DUNN Membership Services, you agree that HUNNY-DUNN and its service professionals may send you informational text (SMS) messages as part of HUNNY-DUNN Membership Services. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HUNNY-DUNN 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 HUNNY-DUNN and its service professionals, your use of HUNNY-DUNN Membership Services may be impacted.

Disclaimer of Warranty; Limitation of Liability. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NON INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT HUNNY-DUNN WILL NOT BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF FORESEEABILITY OF SUCH DAMAGES.

HUNNY-DUNN may terminate your HUNNY-DUNN  service immediately if it determines, in its sole discretion, to eliminate the service, or due to a breach of these terms or the HUNNY-DUNN general terms or misuse of HUNNY-DUNN Membership Services including, but not limited to verbal or written abuse, profanity, unacceptable questions, making threats, using the service in the commission of a crime, violating privacy laws, asking questions or making statement deemed inappropriate by the Account Manager or any other use that constitutes misuse. “Misuse” may also mean calling the Account Manager or submitting requests to the Account Manager that are considered frivolous in nature or using the service for reasons that are not considered need-based. Furthermore, access to HUNNY-DUNN Membership Services are to be used solely by the HUNNY-DUNN  Member or other authorized users living in or owning or managing the property for which the Account Manager assistance is requested. Your service may be terminated if at any time, your HUNNY-DUNN Membership Services are used by unauthorized users.

Transferability of Service. HUNNY-DUNN Membership Services may only be used by the HUNNY-DUNN  Member, and anyone authorized by a HUNNY-DUNN  Member (a person who can provide the email address that the HUNNY-DUNN Member used to register with HUNNY-DUNN Membership Services is an authorized user). HUNNY-DUNN Membership Services may only be used for your personal home services requests, and you are limited to requesting services for a maximum of five (5) different property addresses.

Disputes. Any disputes relating to HUNNY-DUNN Membership Services shall be resolved individually without any resort to any form of class action, and any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred. Under no circumstances shall any participant be permitted to obtain awards for other damages or have damages multiplied or otherwise increased. SOME JURISDICTIONS MAY PROHIBIT OR LIMIT EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. These Terms and Conditions are governed by the laws of the State of Virginia as such laws are applied to agreements entered into and to be performed entirely in the State of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Richmond, Virginia.

Privacy Policy 

Your Privacy Rights – Last Updated: June 21, 2022 

HUNNY-DUNN respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.HUNNY-DUNN.com (and all websites and URL’s controlled or operated by HUNNY-DUNN, Hobley LLC. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. 

We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. 

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us. 

Information we collect about you 

In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world. 

• Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
   

Session Data/Visit Recording. By visiting the HUNNY-DUNN site or mobile app, you are agreeing that all your actions taken while visiting the site or mobile app may be recorded by HUNNY-DUNN and provided to third parties and partners. These actions may include but are not limited to filling out webforms and accepting terms and conditions and providing consent to be contacted. 

Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site. 

• Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below), and the referring website address. 
• Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages). Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website. 
• Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. 

How we use the information we collect 

In general. We may use information that we collect about you to: 

• deliver the products and services that you have requested; 
• manage your account and provide you with customer support; 
• perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; 
• communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties; 
• communicate with you with regard to partially completed service requests; 
• develop and display content and advertising tailored to your interests on our site and other sites; 
• verify your eligibility and deliver prizes in connection with contests and sweepstakes; 
• perform background screening, which may include the use of third parties, on Service Professionals; 
• enforce our terms and conditions; 
• publicly-display comments, ratings and reviews and other content provided by you; 
• manage our business; and 
• perform functions as otherwise described to you at the time of collection. 

Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website. 

Mobile Apps 
If you install our apps on your mobile device, your use of the app is subject to the applicable app license agreement. 

With whom we share your information 
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services. 

Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with: 

• Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes. 
• Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate. 
• Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant. 
• Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HUNNY-DUNN may share your service request activity information with such partner. 
• Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. 
• Other Situations. We also may disclose your information:  

• In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. 
• When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies. 
• In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. 

For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business. 

Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States. 

Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising. 

How you can access your information 

If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below. 

You can also choose to have your account disabled by submitting a request at https://hunnydunn.com/contact/. After you deactivate your account, you will not be able to sign into our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies. 

Your choices about collection and use of your information 

• At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. 
• If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us atsupport@HUNNY-DUNN.com. Please note that emailing this address will only opt you out of direct mail, not email. 

Blogs, bulletin boards, reviews and chat rooms 
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Usage Agreements. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information. 

Children’s privacy 
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13. 

Visiting our websites from outside the United States 

This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy. 

No Rights of Third Parties 
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website. 

Changes to this Privacy Policy 
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HUNNY-DUNN Privacy Policy you may send a written request to Legal Department, HUNNY-DUNN, Hobley LLC., 11815 Fountain Way., Ste. 300, Newport News, VA 23606. 

How to contact us 
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows: 

Privacy Policy Inquiry HUNNY-DUNN 11815 Fountain Way., Ste. 300, Newport News, VA 23606
customerservice@HUNNY-DUNN.com or privacyofficer@HUNNY-DUNN.com 

For our Canadian users: 

Your rights to access your personal information are not absolute. We may deny access: 

• When denial of access is required by law 
• When granting you access would have an unreasonable impact on other people’s privacy; 
• To protect our Company’s rights and property; or 
• Where the request if frivolous or vexatious. 

If we deny your request for access to, or refuse a request to correct personal information, we will explain why. 

Your California Privacy Rights 

If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information: 

1. the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year 

1. the names and addresses of the third parties that received that information; and 

1. if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed. 

We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is PrivacyRequest@HUNNY-DUNN.com. 

Your Nevada Privacy Rights 

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to NevadaPrivacy@HUNNY-DUNN.com to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy. 

Linked information: 

Cookies: 

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time. 

For example, when you sign into our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising. 

You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly. 

Web Beacons: 

Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence. 

Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website. 
Mobile Device IDs: If you’re using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition. 

Do Not Call Policy: 
HUNNY-DUNN has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations 

If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by: 

Sending a written request to us at HUNNY-DUNN, Inc., Attn.: Legal, 11815 Fountain Way., Ste 300, Newport News, VA 23606
Emailing us at support@HUNNY-DUNN.com, or 
Calling us at 1-757-240-8859. 

Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request. 

Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an “Established Business Relationship” with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HUNNY-DUNN may contact consumers that fall within these exceptions based on information received from each client.