The terms that govern your use of Top5HomePros. Please read them carefully.
These Terms of Service ("Terms") govern your access to and use of top5homepros.com (the "Site"), operated by Top5HomePros / EightySix Digital ("we", "us", "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
Top5HomePros is an independent directory that publishes curated "Top 5" lists of home service businesses, together with one clearly labeled paid "Featured" placement per page. We are a publisher of information and an advertising platform. We are not a home service provider, contractor, broker, agent, or employer of any listed business, and we do not perform any home services ourselves.
Our lists are independently researched starting points based on information available to us at the time of publication. A “Top 5” position reflects our editorial opinion under our research method; it is not an objective certification, professional recommendation, guarantee, or statement that a business is suitable for every person or project. Our lists are not exhaustive, and another business may be equally or better suited to your needs.
Unless we expressly say otherwise, we do not conduct criminal background checks, financial checks, on-site inspections, workmanship inspections or independent audits of a business's licences, insurance or qualifications. We do not guarantee the identity, quality, licensing, insurance, availability, pricing, conduct, safety or suitability of any listed business, and we are not responsible for any work a business performs or fails to perform. Before hiring anyone, you are responsible for getting your own quotes, verifying current licensing and insurance with the relevant authorities and providers, checking references and reviews, and confirming the business is right for your job. Any dealings between you and a business are solely between you and them.
We are not a party to, and have no control over or responsibility for, any agreement, transaction, quote, payment, communication, job or dispute between you and any business. We do not take bookings, do not charge commissions or lead fees on jobs, do not handle payments between homeowners and businesses, and have no obligation to monitor or mediate disputes.
The ranked Top 5 on each page is editorial and is not for sale. No business can pay to appear in the Top 5 or to change its position. Each page may include one Featured placement, which is a paid advertisement and is clearly labeled. Featured placements do not influence the Top 5. Rankings and listings may change as information, our research method or local markets change. We may add, change, re-order or remove any listing or ranking at any time, but nothing in these Terms permits us to act unlawfully or mislead users.
If you purchase a Featured placement:
Early-adopter and promotional pricing applies as described at the time of purchase.
By purchasing or supplying material for a Featured placement, you represent that your business information is accurate and not misleading; that you hold any licence, registration and insurance required for the services you advertise; that you have the right to provide all names, logos, images and other material you submit; and that your business and advertisement comply with applicable law. You remain solely responsible for your services, advertising claims, customer communications and customer disputes.
You agree not to: use the Site for any unlawful purpose; scrape, copy, harvest or republish content or data except as expressly permitted; interfere with the Site's operation or security; misrepresent your identity; or use the Site to transmit spam or harmful content.
The Site, its content, design and branding are owned by us or our licensors and are protected by law. You may not reproduce, distribute or create derivative works from them without our permission. Business names and logos belong to their respective owners.
Information on the Site is provided "as is" and "as available." Business details, ratings, reviews, licences, service areas and other circumstances can change without notice. We work to keep information accurate and current, but we do not warrant that it is complete, accurate, up to date or error-free, or that the Site will be uninterrupted, secure or free of errors. You should confirm material information directly with the business and, where relevant, an independent authority before acting on it.
To the fullest extent permitted by law, the Site and all content are provided without warranties, representations or conditions of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nothing in these Terms excludes a warranty, guarantee or right that cannot lawfully be excluded.
To the fullest extent permitted by law, Top5HomePros, EightySix Digital and the people involved in operating the Site will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenue, opportunity, data or goodwill, arising out of or relating to: your access to, use of or inability to use the Site; your reliance on any listing, ranking, rating, review or other content; your selection, contact or hiring of a listed business; the acts, omissions, statements, products or services of any business or other third party; or any agreement, payment, property damage, personal injury or dispute between you and a business.
To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Site or these Terms will not exceed the greater of the amount you paid directly to us in the 12 months before the event giving rise to the claim or US$100. These limitations apply regardless of the legal theory asserted and even if we were advised that a loss was possible. They do not limit liability that cannot lawfully be limited or excluded.
If you purchase advertising, operate or represent a listed business, or submit content to the Site, you agree, to the extent permitted by law, to indemnify Top5HomePros, EightySix Digital and the people involved in operating the Site against third-party claims, damages, losses and reasonable legal costs arising from your advertisement or submitted content, your services or dealings with customers, your infringement of another person's rights, or your material breach of these Terms. This section does not require a consumer merely browsing the Site to indemnify us for ordinary use, and it does not apply to the extent a claim was caused by our own unlawful conduct.
The Site links to third-party websites we do not control, including the businesses we list. We are not responsible for their content, products, services or practices, and a link is not an endorsement.
These Terms are governed by the laws of New Zealand, without regard to its conflict-of-laws rules. Nothing in these Terms removes any consumer rights you have under the mandatory laws of your state or country that cannot legally be waived. Before bringing any formal claim, you agree to first contact us at top5homepros@eightysix.digital and try in good faith to resolve it informally.
We may update these Terms from time to time. The "last updated" date above shows when they were last revised. Your continued use of the Site after changes means you accept the updated Terms.
If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. These Terms are the entire agreement between you and us regarding the Site. We may assign these Terms; you may not assign yours without our consent.
Questions about these Terms? Email top5homepros@eightysix.digital.