Terms and Conditions
This Website and the services of the Markit Today (“MT”) 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 or text message constitutes your agreement to all such terms, conditions, and notices in effect at such time.
Markit Today strictly acts as a lead generation service for home service providers (the “Service Provider”). Markit Today does not provide home services themselves. Home Service Providers are examined and selected by Markit Today (the “MT”) on a best effort basis. We do not independently verify their representations about their services, nor validate any reviews. It is the end customer’s sole obligation to qualify the Service Provider when they visit their location as MT provides absolutely no representations, warranties or guarantee of the quality of performance on the job or outcome of services that will be provided. The Service Providers are not employees or agents of MT, nor is MT an agent of the Service Providers.
Call Recording. You acknowledge and agree that MT may monitor and/or record any telephone calls between you and MT.
Payments. Payment for services will be handled directly with the Service Provider.
Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Provider or the fees charged by any Service Provider, you must address such dispute directly with the Service Provider. YOU HEREBY AGREE TO RELEASE MT (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES, INJURIES, DEATHS OR OTHER 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.
General Provisions. You acknowledge and agree that the MT Services (the “Services” are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and MT’s sole obligation to you or any third party for any claim arising out of your use of the MT services, is that you are free to discontinue your use of the MT Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MT 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 MT SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT.
The Terms and Conditions will inure to the benefit of MT’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 a modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of MT to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
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 North Carolina as such laws are applied to agreements entered into and to be performed entirely in the State of North Carolina. You agree to submit to jurisdiction in North Carolina and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Wake County, North Carolina. These Terms and Conditions constitute the entire agreement between you and MT and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.
Limited Usage. You may not use the Website to recreate or compete with MT, 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 MT for any such damages, and will indemnify MT in the event of any claims against MT based on or arising from your violation of the foregoing.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY MT, 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 MT SERVICES IN CONNECTION WITH THE MT WEBSITE, 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.
Modifications. MT 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 April 1, 2020.
Contact Us. If you have any questions, comments, or concerns regarding these Terms and Conditions Terms, please contact us at 919-245-7320, or Markit Today, 10312 Chapel Hill Rd., Morrisville, NC 27560.