THE HONEST CARPENTER
TERMS OF USE & LIABILITY WAIVER
1. Acceptance of Terms
Welcome to TheHonestCarpenter.com (“Service” or “Site”).
By clicking “I Agree” on the account registration or payment page or using the Site in any way, you are entering into agreement with The Honest Carpenter and you agree to comply with and be bound by these Terms and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, do not use the Site.
Please review all of the Terms carefully before using the Site. By using the Site, you (1) agree to be bound by the Terms; and (2) you are able to form legally binding contracts to the extent offered on the Site.
2. Definitions
In the Terms, “User,” “you” and “your” refer to the individual that uses the site, creates an account on the site, or engages in a consultation with The Honest Carpenter. “The Honest Carpenter,” “we,” “us” and “our” refer to The Honest Carpenter and its owners, affiliates, and representatives.
3. Advice Not Comprehensive; No Professional-Client Relationship Established.
The information provided during your consultation along with the content on our website is provided for your private use and does not constitute advice necessary to address the totality of your individual needs or circumstances. We are only provided with a limited understanding of your individual needs during the course of our consultation with you and any advice provided to you is with the understanding that you should hire a local, licensed (to the extent required in your jurisdiction) professional to evaluate your needs prior to undertaking any work.
The laws, regulations, standards, practices and procedures that apply to your particular question may differ depending on your location and the information which would have been discovered through in-person evaluations or visits. Representatives of The Honest Carpenter may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. Thus, you should not rely on us to provide information specific to your jurisdiction.
If you need advice for a specific problem, you should consult with a local professional. Neither the information on the Site or the information provided to you during your consultation is a substitute for advice from a qualified professional evaluating your issues in person.
Please note that communications between you and consultant may be recorded and shared.
Your use of the Services does not create a professional-client relationship between you and The Honest Carpenter, or between you and The Honest Carpenters’ affiliates and representatives.
4. Assumption of Risk
Use of the Site and reliance on the information contained therein is at the Users’ sole risk. The Honest Carpenter shall not be liable for any loss or damage caused by a User’s reliance on information obtained through the Site or User’s reliance on any service obtained through the site (such as through a consultation).
5. Disclaimer of Representations and Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE HONEST CARPENTER AND ITS AFFILIATES, OWNERS, AND REPRESENTATIVES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, BUSINESS, LEGAL, CONSTRUCTION, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HONEST CARPENTER, ITS AFFILIATES, OWNERS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGE TO PERSONAL PROPERTY, LOSS OF USE OF PERSONAL PROPERTY, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE HONEST CARPENTER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE HONEST CARPENTER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO YOUR USE OF THE SITE AND THE SERVICES RENDERED THROUGH THIS SITE AND INFORMATION PROVIDED THEREIN SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO THE HONEST CARPENTER FOR THE 12 MONTHS PRECEDING THE SERVICES (INCLUDING CONSULTATIONS) IN QUESTION.
6. Release and Indemnity
On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold The Honest Carpenter and its owners, representatives, and affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of The Honest Carpenter Website, including, but not limited to, any consultation provided to you by The Honest Carpenter or its representatives. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
You agree to indemnify and hold The Honest Carpenter, and its owners, representatives, affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of The Honest Carpenter Website, your violation of these Terms or your violation of any rights of another.
7. Controlling Law
These Terms will be governed by North Carolina law.
8. Entire Agreement
These Terms constitute the entire agreement between you and The Honest Carpenter and its owners, representatives and affiliates with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
9. Waiver, Severability and Assignment
The Honest Carpenter’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Honest Carpenter may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.