Welcome to The Home Depot's Skilled Labor Marketplace (“Program"). The Program was created by Home Depot, Inc. and its subsidiaries and divisions ("Home Depot", "our", or "we") to connect Candidates with potential Program Hiring Member entities.
1. ACKNOWLEDGEMENT AND ACCEPTANCE
By participating in the Program, you (“you”, or “Hiring Member” or “Candidate” as defined below) consent to these The Home Depot Skilled Labor Marketplace Program Rules (the “Program Rules”). You acknowledge and agree that: (1) you have read and accepted these Program Rules and are responsible for remaining knowledgeable about the Program Rules; (2) the expiration and renewal of your Program candidateship is by Home Depot in its sole discretion; and (3) Home Depot reserves the right to change the Program Rules or terminate the Program at any time, with or without prior written notice to you.
2. CANDIDATE BENEFITS
A. Program. The Program provides candidates available for potential work opportunities (“Candidate” or
“Candidates”) access to create and maintain profiles for potential hiring entities that are Members of The Home Depot Pro Xtra Program(“Hiring Member” or “ Hiring Members”) to search and access on HomeDepot.com. The Candidates consent by being a part of the Program to be contacted by Hiring Members for potential work opportunities.
B. Use and Age Restrictions. Use of the Program is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Program is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Program. By using the Program you represent and warrant that(a) you are at least 18 years old, are of legal age to form a binding contract with The Home Depot, and are otherwise capable of entering into binding contracts and agree to be bound by this Agreement. All Candidates registering with the Program must be permitted to legally work in the United States.
C. Employment. The Home Depot and Hiring Member are separate entities and the employee of one of these entities is not an employee of another entity. The Home Depot is not an agent of Hiring Member and Hiring Member is not an agent of the Program. The Home Depot is also not the Candidate’s agent. In no event will The Home Depot be considered a general contractor, special contractor, construction manager, project manager, joint employer, joint venture, or partner of Hiring Member, any Candidate or its affiliates or their respective personnel. Hiring Members are solely responsible for interviewing, vetting, selecting, supervising, and compensating Candidates, and for setting work schedules and any other terms of work.
3. GENERAL INFORMATION
A. Privacy. When you enroll in the Program, we will collect your name, address, email address and primary phone number. A valid email address is required for membership. By participating in the Program and providing us with this information, you agree that we may use your information to administer your participation in the Program; to send you transaction records; for marketing purposes; and as otherwise described in The Home Depot’s Privacy and Security Statement, available online at https://www.homedepot.com/c/Privacy_Security. By participating in the Program, you agree that we and our affiliates (including service providers, agents, and parties initiating communications on our or their behalf) may contact you for marketing and non-marketing purposes via email, text message, telephone call, fax, and other forms of communication. You also agree that we and our affiliates (including service providers, agents, and parties initiating communications on our or their behalf) may use an automatic telephone dialing system or prerecorded voice to contact you for non-marketing purposes. The Home Depot respects your privacy and will not sell or rent your personal information for money. You can contact us or otherwise communicate your privacy preferences by:
• Calling us at 1 (866) 333-3551
• Emailing us at SLM_Customer_Support@homedepot.com
• Registering or changing your privacy preferences at www.homedepot.com/c/Manage_Privacy_Preferences
• Writing us at the address below (please include your email address and phone number with your correspondence along with the information needed to support your request):
The Home Depot, Inc.
Attention: Privacy Official
2455 Paces Ferry Road
Atlanta, GA 30339-4024
4. CANDIDATE PROFILES
Candidates will post a Profile on the Program website page. The Profile is self-reported by the Candidate. Home Depot does not verify any information contained within any Candidate Profile and makes no guarantees, promises, endorsements, recommendations, warranties or representations of any kind regarding Candidate Profiles, including without limitation, the skills or representations of such Candidates. The decision to enter into a relationship between the Candidate and the Hiring Member belongs entirely to those parties. Home Depot is not a party or third party beneficiary to any contract or other relationship between the Candidate and the Hiring Member.
5. DISPUTES BETWEEN CANDIDATES AND HIRING MEMBERS
A. User Conduct and Disputes. Home Depot is not responsible for the conduct of any User. Home Depot will not directly participate in the resolution of any disputes between Candidates and Hiring Members (collectively "Users") and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
B. Release. In exchange for the referral service provided by Home Depot and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Users agree to release and discharge Home Depot and its officers, directors, affiliates, parent and subsidiary companies, employees and agents from any claims, demands, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way relating to User’s use of the Program Website or Candidate’s provision of services to Hiring Member. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
6. NO WARRANTY
A. Home Depot makes no representation about the suitability of the contents or services of the Program website for any purpose. Home Depot does not promise that the Program website will be error-free, uninterrupted, or that it will provide specific results from use of the Program website or any content, search or link on it. The Program website and its content are delivered on an “as-is” and “as-available” basis. Home Depot cannot ensure that any files you download from the Program website will be free of viruses or contamination or destructive features. Home Depot will not have any liability or responsibility for any errors or omissions in the content of the Program website, for your action or inaction in connection with the Program website, or for any damage to your computer or data or any other damage you may incur in connection with the Program website. Home Depot specifically disclaims all warranties and condition of any kind, express or implied, including all implied warranties and condition of merchantability, fitness for a particular purpose, title and non-infringement. Home Depot makes no guarantees of any specific result from use of the Program website. Your use of the Program website is at your own risk. The provisions of this Section 6 (No Warranty) will be enforced to the fullest extent permitted by law.
B. Exclusions of liability contained in this Section 6 (No Warranty) are not applicable to residents of New Jersey. With respect to residents of New Jersey, Home Depot will not be liable for any damages resulting from the use of the Program website or the materials on the Program website, unless such damages are direct damages and are proven to be the result of the negligent, reckless or intentional acts or omissions of Home Depot, in which case Home Depot may only be liable in the amount and proportion that Home Depot’s acts or omissions caused such damages.
You agree to indemnify, defend and hold harmless Home Depot, its parents, subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of any of your acts or omissions, except to the extent such loss is caused by Home Depot’s sole negligence. It is agreed that with respect to any legal limitations now or hereafter in effect and affecting the validity and enforceability of your obligation under this Indemnification clause, such legal limitations are made a part of your obligation to the minimum extent necessary to bring this Indemnification clause into conformity with the requirements of such limitations, and as so modified, your obligation will continue in full force and effect.
8. LIMITATION OF LIABILITY
A. In no event will Home Depot, its officers, directors, affiliates, parent or subsidiary companies, employees and/or agents be liable for any damages whatsoever, including without limitation, direct, indirect, punitive, incidental, general, special or consequential damages, arising out of or relating to (i) the use of, content in, delay or inability to use, or otherwise arising in connection with the Program website, or (ii) the conduct of a User or anyone else in connection with the use of the Program website, including without limitation, bodily injury, property damage, emotional distress, data breaches, and/or any other damages, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Even if advised of the possibility of any such damages, Home Depot is no liable for any lost data resulting from the operation of the Program website. Home Depot expressly disclaims any and all liability for the acts, omissions and conduct of any Users, third party users, advertisers and/or sponsors on the Program website, in connection with the Program website or otherwise related to your use of the Program website. By using the Program website, You agree to take reasonable precautions in all interactions with other Users of the Program website. To the extent your state does not allow the limitation of certain types of damages, portions of the above exclusions may not apply to you.
B. Some states and/or jurisdictions do not allow the exclusion or limitation of direct, indirect, incidental, special and/or consequential damages, so the above exclusion may not apply to you. The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, Home Depot will not be liable for indirect, special, or consequential damages arising out of or relating to (i) the use of, content in, delay or inability to use, or otherwise arising in connection with the Program website, or (ii) the conduct of a User or anyone else in connection with the use of the Program website, including without limitation, bodily injury, property damage, emotional distress, data breaches, and/or any other damages, whether based on contract, tort, or otherwise. Home Depot may be held liable for direct damages if such damages are proven to be the result of the negligent, reckless or intentional acts or omissions of Home Depot, in which case Home Depot may only be liable in the amount and proportion that Home Depot’s acts or omissions caused such damages.
9. WEBSITE CONTENT
A. Intellectual Property. By posting a Candidate Profile, you represent that the information posted does not infringe on the intellectual property of any third party, including, but not limited to, the work product of any contractors, design professionals, consultants, material suppliers, or manufacturers. The information posted in your Candidate Profile must be truthful and accurate. Any Candidate Profile posted on the Program website: (i) will not be fraudulent; (ii) will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (iv) will not be obscene or contain child pornography; and (v) will not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
B. Proprietary Rights. The Program website and the material within it, with exception of User Content as defined below, are © 2020 Home Depot Product Authority, LLC ("HDPA"). Viewing the Program website creates a copy of Home Depot materials in your computer’s random access memory and/or your hard drive and/or in your proxy server. The Program website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the "Intellectual Property") of HDPA and Home Depot. Nothing on the Program website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Program website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in the Program website may be the Intellectual Property of their respective owners.
C. Copyright Policy. Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. Home Depot can remove any User Content you post on the Program website that violates this statement. If you believe that your work has been copied and posted on the Program website in a way that constitutes infringement, please provide our Copyright Agent (as identified below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the interest; (ii) a description of the work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Program website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf. Copyright Agent for notice of claims of infringement can be reached as follows: Designated DMCA Agent, 2455 Paces Ferry Road, Building C-20, Atlanta GA 30339-4024, or by email at IP_Requests@homedepot.com.
D. Content. Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that all of the User Content and information posted on the Program website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of Home Depot. The reviews and ratings that You provide do not reflect the views of Home Depot. Home Depot reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
E. Reliance on Content, Etc. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Program website, but not directly by Home Depot, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. Home Depot does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Program website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Program website. Under no circumstances will Home Depot or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Program website or transmitted to or by any Users.
F. Documents and Information Available on the Program Website. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) created using the contents of the Program website is granted only if (i) the Copyright Policy above and this paragraph are included with such documents, (ii) use of such documents from the Program website 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 (iii) no modifications of any documents are made. Use for any other purpose without the express written permission of Home Depot is expressly prohibited, 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 Home Depot website or any other Home Depot owned, operated, licensed or controlled site (the "Home Depot Websites"). Elements of Home Depot Websites 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 Home Depot Website may be copied or retransmitted unless expressly permitted in writing by Home Depot.
G. Content Posted by You on the Program Website. You understand and agree that Home Depot may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Program website, you automatically grant, and you represent and warrant that you have the right to grant, to Home Depot, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sub licensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by Home Depot will not infringe or violate the rights of any third party. You grant Home Depot and sub licensees the right to use the name that you submit in connection with such content, if they choose. Home Depot takes no responsibility and assumes no liability for any content posted by User or any third party.
You are solely responsible for the User Content that you post on the Program website or transmit to other Users. You will not post on the Program website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Home Depot or to any other User. If information provided to Home Depot, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Home Depot in writing of such information.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Program website. Home Depot reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Program website and terminating your access to the Program website and services. It includes, but is not limited to, User Content that:
1. is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
4. promotes information that you know is false or misleading;
5. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
11. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
12. violates state and/or local consumer protection laws.
Your use of the Program website, including but not limited to the User Content you post on the Program website, must be in accordance with all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. Home Depot reserves the right to investigate and terminate your access to the Program website and services if you have misused the Program website, or behaved in an inappropriate, unlawful or illegal manner.
You acknowledge that a violation of the foregoing User Content provisions could result in significant damages to Home Depot, and you agree that you are liable to Home Depot for any such damages. Home Depot reserves the right to revoke your access to the Program website and services at any time and for any reason. With exception of information that is generally accessible to the public, all information about Users is confidential and for your personal use only. If it is determined or suspected by Home Depot in its sole discretion that you are misusing or attempting to misuse or circumvent the Home Depot services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Home Depot 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 direct and consequential damages, lost revenue, repairs, legal fees, costs and expenses, and to seek specific performance, injunctions or other equitable remedies.
H. Modifications to the Program website. Home Depot reserves the right at any time to modify or discontinue, temporarily or permanently, the Program website (or any part thereof) with or without notice. You agree that Home Depot will not be liable to you or to any third party for any modification, suspension or temporary or permanent discontinuance of the Program website.
I. Blocking of IP Addresses. In order to protect the integrity of the Program website, Home Depot reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Program website.
J. Disclaimers. Home Depot is not responsible for any incorrect or inaccurate content posted on the Program website or in connection with the Program website, whether caused by Users, or by any of the equipment or programming associated with or utilized in the Program website. Home Depot is not responsible for the conduct, whether online or offline, of any User or other third-party users of the Program website. Home Depot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, data breaches of, or alteration of, User input. Home Depot is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Program website or combination thereof, including injury or damage to Users or to any other third party computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Program website. Under no circumstances will Home Depot or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury, death or property damage, resulting from anyone’s use of the Home Depot Websites, any content posted on the Program website or transmitted to Users, or any interactions between Users of the Program website, whether online or offline. Home Depot cannot guarantee and does not promise any specific results from use of the Program website.
In addition to the preceding paragraph and other provisions of these Program Rules, any advice that may be posted on the Program website is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Home Depot makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Program website.
K. Links. The Program website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Home Depot has no control over such sites and resources, you acknowledge and agree that Home Depot is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Home Depot will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
10. TERMINATION OF ACCOUNT
These Program Rules will remain in full force and effect while you use the Program website and/or are a User. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to The Home Depot Skilled Labor Marketplace, 2455 Paces Ferry Road, Building [D4], Atlanta GA 30339-4024 or email notice of termination to SLM_Customer_Support@homedepot.com. If you terminate your account, your account will be disabled within 14 days. Home Depot may terminate your account at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to Home Depot, or at your physical address or addresses provided to Home Depot. All decisions regarding the termination of accounts will be made in the sole discretion of Home Depot. Home Depot is not required to provide you notice prior to terminating your account. Home Depot is not required, and may be prohibited, from disclosing a reason for the termination of your account.
11. JURISDICTION AND CHOICE OF LAW
If there is any dispute arising out of these Program Rules or the use of the Program website, by using the Program website you expressly agree that any such dispute will be governed by the laws of the State of Georgia, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Superior Court of Cobb County, Georgia or U.S. District Court for the Northern District of Georgia, Atlanta Division, for the resolution of any such dispute.
12. ARBITRATION AND WAIVER OF JURY TRIAL
You agree that Home Depot may elect, in its sole discretion, to submit or require you to submit any dispute, complaint or demand (“Claim”) relating to or concerning in any way these Program Rules or use of the Program website to binding arbitration within a reasonable time after the Claim arises. Failure on the part of Home Depot to elect binding arbitration will result in any Claim between you and Home Depot being decided through litigation as provided in Section 11. Unless you and Home Depot agree otherwise, any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Home Construction Arbitration Rules in existence on the effective date of these Program Rules. A court with jurisdiction will decide all issues of arbitrability, joinder, and consolidation.
IF HOME DEPOT CHOOSES TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR BY THE AAA HOME CONSTRUCTION ARBITRATION RULES (WHICH ARE AVAILABLE ON THE AAA’S WEBSITE). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU AND HOME DEPOT IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PERFORMED THERETO.THE WAIVER OF RIGHT TO TRIAL BY JURY CONTAINED IN THIS PARAGRAPH IS NOT APPLICABLE TO RESIDENTS OF CALIFORNIA.
13. NO THIRD PARTY BENEFICIARIES
Except as otherwise set forth expressly herein, nothing contained in these Program Rules, express or implied, is intended to confer upon any person or entity, other than Home Depot and the User, any benefit, right or remedy.