Terms of use

Service Provider Terms
1. Introduction
This agreement (the “Agreement”) governs your relationship with The Sterling List. Throughout this Agreement, we will refer to you and all of your affiliates, agents, employees, representatives, and subcontractors as “you,” “Contractor,” or “Service Provider” and to The Sterling List [Inc.?] as “TSL,” “we,” “our,” or “us.” Together, Service Provider and TSL are referred to as the “Parties.” References to the “Website” refer to our current website, and any and all websites owned or operated by us now in existence or later created. This Agreement shall be effective as of the date it is signed by the Service Provider and accepted by TSL (the “Effective Date”). 
In consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

2. Services
TSL is a resource platform whereby real estate professionals and prospective clients are provided a curated list of vetted contractors in the local market for recommendation purposes. Contractors apply to be listed on this web-based platform and are approved based on predefined criteria and availability. Your listing is intended to generate visibility and lead opportunities. These services are referred to throughout this Agreement as the “Services.”  

3. Subscription and Payment
Service Providers pay a monthly membership fee to be listed on the Website. Membership fees are non-refundable and subject to change. You acknowledge that TSL reserves the right, at any time, to modify its fees and billing methods. Membership fees are paid in advance, on the first day of the month and you authorized us to charge your credit card on file for these fees. Chargebacks are not permitted. 

4. Service Availability
We strive to provide continuous and uninterrupted access to our Website and Services; however, availability may occasionally be affected by factors outside of our control including technical issues, system maintenance, or internet disruptions. As such, we do not guarantee continuous, error-free, or secure access to the Website and our Services. TSL shall not be responsible for any delays, failures or other damage resulting from such problems. We may perform maintenance or updates that could temporarily disrupt service availability.

5. Modifications to Services or Pricing
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, without prior notice. You acknowledge and agree that TSL will not be held liable for any such changes, interruptions, or discontinuations. If we make significant changes to the pricing of our Services, we will notify you in advance. However, we are not obligated to provide notice for other modifications or changes to the Services we offer. 

6. Term, Cancellation, and Termination
a. Initial Term and Renewal. The initial term of this Agreement shall be thirty (30) days beginning on the date your subscription becomes active. Unless cancelled in accordance with this Agreement, the subscription will automatically renew for successive 30-day periods, and your payment method will be charged accordingly. 
b. Cancellation by You. You can cancel your membership subscription at any time by contacting us at SterlingListOC@gmail.com. Cancellations will take effect at the end of the then-current billing cycle. No refunds will be issued for any portion of the billing cycle in which cancellation occurs. 
c. Termination by Us. We reserve the right to terminate your membership immediately if you breach this Agreement, receive significant negative feedback, fail to maintain qualifications, or if you violate our Terms and Conditions of Service, Terms of Use, Privacy Policy or engage in any other behavior that disrupts our Services.

7. Lead Generation Services.
Overview of Potential Customer Connections. TSL is designed to help subscribed Service Providers receive interest from homeowners, property managers and other individuals (“Potential Customers”) seeking services related to home improvement, maintenance, repair and similar tasks. Potential Customers may contact you directly by phone, text, email, through third-party affiliate websites, or via other channels, depending on the service category in which you are listed (“Service Category”). TSL does not track, measure, or report the volume or origin of Potential Customer inquires. It is solely your responsibility to monitor and assess the effectiveness of any leads you receive, including identifying where each inquiry originated.

No Guarantees or Warranties. We do not guarantee:
The number of leads or inquires you will receive;
The accuracy, validity, or reliability of any Potential Customer information;
That a Potential Customer will be interested in, or capable of, hiring you;
That you will successfully contact or be hired by a Potential Customer;
That any customer will follow through with payment or project completion.
Although we may limit the number of Service Providers listed within a given Service Category, you may still compete with other Service Providers on the platform for the same types of projects.
c. No Responsibility for Contractor-Customer Relationships. TSL is not a party to, and bears no responsibility for, any agreement, contract, transaction, or service arrangement between you and any Potential Customer – whether or not that Potential Customer ultimately becomes your paying client. We are not involved in your pricing, scope of work, scheduling, communications, customer service, payment collection, or dispute resolution. Any claims, issues, or liabilities arising from your relationship with a customer are solely your responsibility. 

8. Service Provider Responsibilities and Acknowledgements.
As a condition of your participation on TSL, you represent and agree, on behalf of yourself, your business, employees, subcontractors, and any individuals performing work on your behalf, as follows:
Eligibility and Authority.
You are at least 18 years old and legally able to enter into binding contracts;
You are the owner, principal, or authorized agent of your business and have authority to bind the company to this Agreement with your signature.
Licensing, Insurance, and Qualifications
You are, and will remain, properly licensed, bonded, and insured in accordance with applicable laws and industry standards for all services you provide.
You will notify TSL promptly of any changes to your licensing, bonding, or insurance status.
You are qualified and capable of performing the services listed in your profile.
Background Check and Authorization
You authorize TSL to verify your license, insurance, business reputation, references, and other relevant information to assess or maintain your eligibility for listing.
You further authorize us to publicly display your business name, contact details, license status, and customer reviews.
Conduct and Compliance
You will perform all services in a lawful, ethical, and professional manner.
You, your employees, and subcontractors will not be under the influence of drugs, alcohol, or other impairing substances while performing services.
You will comply with all applicable federal, state, and local laws, including those relating to advertising, consumer protection, marketing, telemarketing (e.g., TCPA, CAN-SPAM, Do-Not-Call laws), and privacy.
Criminal and Disciplinary History
You affirm that neither you, your business, nor any majority stakeholders have been convicted of a felony or sanctioned by any governmental authority in connection with your services.
You agree to notify TSL promptly if any such issues arise during your membership.
Use of Customer Information
You will not share, sell, distribute, or misuse any user or lead information obtained through TSL.
You may only contact potential customers in a lawful manner and for the purposes of providing requested services.
Unauthorized use of user data is grounds for immediate termination and may result in legal liability, including indemnification obligations for any resulting claims, damages, or regulatory penalties.
Subcontractors
You are responsible for the conduct and compliance of any subcontractors used to perform services.
All subcontractors must adhere to the terms of this Agreement as if they were you.
Reviews and Reputation
You will maintain a positive reputation on third-party review platforms. TSL reserves the right to remove contractors receiving persistent negative feedback.

Communications and Consent
You consent to being contacted by TSL and its agents via phone, text, email, or other methods, even if your number is on a “Do Not Call” list.
You are responsible for providing accurate contact information and must promptly update us if your phone number, email, or billing information changes.
You indemnify TSL for any liability resulting from your failure to maintain accurate contact information or from unauthorized use of customer data.
Use of the Platform
You agree not to scrape, copy, or extract data from the platform by automated or manual means.
You will not assign, transfer, or resell your listing, account access, or any leads or services provided by TSL.
Payment and Billing Disputes
You are responsible for keeping your payment method valid and current.
Any billing disputes must be submitted to SterlingListOC@gmail.com within 30 days of the charge. Charges not disputed within that period will be deemed final.
Promotional Participation
If you choose to participate in promotions or discounts marketed by TSL, you agree to honor the terms of those offers as presented.

9. WARRANTY DISCLAIMER
TSL PROVIDES ITS SERVICES AND PLATFORM “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. 

10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TSL AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF REPUTATION, OR BUSINESS INTERRUPTION (EVEN IF TSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES OR PLATFORM; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR PLATFORM; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE PLATFORM; (F) ANY INTERACTION OR TRANSACTION WITH A USER, CUSTOMER, OR OTHER CONTRACTOR; (G) ANY COMMUNICATION, INFORMATION, OR LEAD PROVIDED THROUGH THE PLATFORM, (H) ANY OTHER MATTER RELATING TO THE SERVICES; (I) ANY BREACH OF THIS AGREEMENT BY TSL OR THE FAILURE OF TSL TO PROVIDE THE SERVICES UNDER THIS AGREEMENT OR (J) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). 
TO THE EXTENT TSL IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT, OUR CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT OF ONE (1) MONTH’S FEE PAID BY YOU. 

11. Indemnification
You agree to indemnify, defend and hold harmless TSL, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful content or other information provided by you to TSL or that you submit, transmit or otherwise make available in connection with the Services; (c) your advertising; (d) any of your work or dealings with Potential Customers or customers; (e) any claims or damages coming from work or services performed by any Contractor, companies, or individuals on TSL; or (f) any intentional or willful violation of any rights of another or harm you may have caused to another. TSL will have sole control of the defense of any such damage or claim.

12. Privacy and Data Protection
Your use of our Services is subject to our Privacy Policy (https://sterlinglistoc.com/privacy-policy), which outlines how we collect, use, and protect your personal information.

13. Intellectual Property
All content made available through TSL platform – including, but not limited to, the website design, branding, logos, proprietary contractor listings, screening criteria, selection methodology, and all written or visual materials – are the exclusive property of TSL or its licensors and are protected by intellectual property laws.
You may not copy, reproduce, modify, publish, distribute, display, create derivative works from, or otherwise use any part of the platform, listings, or related content for commercial purposes without prior written permission from TSL.
Your inclusion on the platform does not grant you any ownership or license rights to any part of the platform or its proprietary systems beyond the limited right to appear as a listed contractor in accordance with this Agreement.

14. Governing Law
This Agreement shall be 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 that would cause the application of the laws of any jurisdiction other than the State of California.

15. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or related to this Agreement, the parties agree to first attempt to resolve the matter through good faith mediation administered by a mutually agreed-upon mediator in Orange County, California. Each party shall bear its own costs and an equal share of the mediator’s fees.
If the dispute is not resolved through mediation, the matter shall be submitted to final and binding arbitration in Orange County, California, administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or equitable relief in a court of law to prevent actual or threatened misuse or disclosure of confidential information or intellectual property.

16. Changes to Terms
We may update or modify this Agreement from time to time. If any material changes are made, we will provide you with written notice (which may be by email or posted notice on our website). Changes will not take effect until the start of your next billing cycle, unless otherwise required by law.

By continuing your membership after receiving notice of changes, you agree to be bound by the updated terms. If you do not agree to the revised terms, you may cancel your membership prior to the effective date of the changes in accordance with Section 6 of this Agreement.