These Terms of Service (“Terms”) apply to all websites, portals, and pages owned or operated by The Home Improvement Guide Inc. and Local Savings, Inc. dba The Localist (“The Home Improvement Guide,” “we,” “us,” “our”), including those accessible through the domain and subdomains: www.thiguide.com and thelocalist.la (the “Site”). Please read these Terms carefully prior to using the Site.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE READ ALL THESE PROVISIONS BEFORE USING THE SITE.
By accessing and using the Site, you agree on your behalf, and on behalf of any entity or person on whose behalf you are accessing the Site, to abide by the Terms. We permit you to use and access the Site for lawful purposes only and only in a manner consistent with these Terms. Your agreement to the terms is a condition of being granted access to, and use of, the Site. If you do not agree with the Terms, you may not access the Site and must exit immediately.
By accessing the Site, you represent that you are at least 18 years of age, have the authority to agree to these Terms on your own behalf and on behalf of any organization or entity on whose behalf you are using or accessing the Site, and that all information provided by you is accurate.
You agree not to use the Site to:
This Site may contain hyperlinks to third-party websites and content from third parties. When you access third-party websites or content through this Site, you do so at your own risk. We do not investigate, monitor, or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading, or unlawful content that may reside thereon or therein. The inclusion of any third-party content or hyperlink to a third-party site does not necessarily imply endorsement by us of that content or site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party site or third-party content.
As between you and us, we own the intellectual property rights to the Site’s contents, including, but not limited to, the text, graphics, and images on this Site.
The contents of the Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Site or any of its contents. We retain all rights, title, and interests in the Site’s contents unless expressly stated otherwise.
If you believe your copyrighted work is being used on the Site in a manner that constitutes copyright infringement, please contact our designated agent at boaz@thiguide.com. Notices of copyright infringement must include your name, address, phone number, and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement.
We collect and use certain personal information from individuals who visit the Site. For more information about our use of personal information, please see our Privacy Policy.
THE SITE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS.” THE HOME IMPROVEMENT GUIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE SITE. THE HOME IMPROVEMENT GUIDE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
You agree to defend, indemnify, and hold harmless The Home Improvement Guide, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Site, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Site, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Site.
THE HOME IMPROVEMENT GUIDE AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT THE HOME IMPROVEMENT GUIDE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
In the interest of resolving disputes in the most expedient and cost-effective manner, you and The Home Improvement Guide agree that any dispute arising out of or in any way related to these Terms, your relationship with The Home Improvement Guide, or any goods or services offered or provided by The Home Improvement Guide, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms, will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE HOME IMPROVEMENT GUIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THAT THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) seek injunctive relief from a court of competent jurisdiction; or (c) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and The Home Improvement Guide will be governed by the California Arbitration Act and the JAMS Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), and will be administered by JAMS. The JAMS Rules and filing forms are available online at www.jamsadr.com, or by calling JAMS at 1-800-352-5267.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). The Home Improvement Guide’s address for Notice is set forth in Section 13.4. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly but, if the parties do not reach an agreement within thirty (30) days after the Notice is received, you or The Home Improvement Guide may commence an arbitration proceeding.
Each party shall pay its pro rata share of JAMS fees and expenses as set forth in the JAMS fee schedule, unless the parties agree on a different allocation of fees and expenses. If the action qualifies as a consumer arbitration, the JAMS Policy on Consumer Arbitrations shall apply.
Any arbitration hearing will take place at a JAMS office in Los Angeles, California. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award.
YOU AND THE HOME IMPROVEMENT GUIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Home Improvement Guide agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
These Terms are governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any action against The Home Improvement Guide that is not subject to mandatory arbitration, as set forth in Section 10, shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California.
The Home Improvement Guide provides communications via SMS concerning products, sales, order status, promotional offers, and upcoming events (the “SMS Program”). If you opt in to our SMS program, these Terms shall apply.
The SMS Program allows you to receive SMS mobile messages by providing your phone number to The Home Improvement Guide and/or affirmatively opting into the SMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Program, you agree that these Terms apply to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to do business with us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
If you do not wish to continue participating in the SMS Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that The Home Improvement Guide and its service providers will have no liability for not honoring such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The SMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
These Terms constitute the entire agreement between you and The Home Improvement Guide relating to the Site. These terms supersede any and all prior or contemporaneous agreements or understandings between you and The Home Improvement Guide.
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the provision shall be stricken. All other terms will remain in full force and effect.
No failure to exercise, or delay in exercising any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If you have any questions about these Terms, you may contact us at:
The Home Improvement Guide
22130 Clarendon Street
Woodland Hills, CA 91367
Email: thiguide@gmail.com
Phone: (866) 405-1574
Effective September 23, 2024
Call or fill out the form and let our designers do the rest. Your ad will be seen by millions in one of our most trusted home improvement magazines. Limited availability.