Terms of Use

1. Acceptance of these Terms

These Terms of Use (the “Terms”) are a binding agreement between you and VIO CHIMNEY (“VIO CHIMNEY,” “we,” “us,” or “our”) governing your access to and use of viochimney.com, together with its landing pages, service request forms, telephone lines, and messaging programs (collectively, the “Platform”), and the referral, matching, and related support services we provide through the Platform (the “Services”). By accessing the Platform, submitting a service request, or otherwise using the Services, you accept these Terms. If you do not agree, do not use the Platform.

PLEASE READ SECTION 12 (DISPUTE RESOLUTION) CAREFULLY. IT REQUIRES THAT MOST DISPUTES BETWEEN YOU AND VIO CHIMNEY BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED BELOW.

Eligibility. You may use the Platform only if you are at least 18 years old, can form a binding contract, and are the owner of the property for which you request service or are authorized by the owner to request work at that property. The Platform is intended for users located in the United States.

Our Privacy Policy, Cookie Policy, SMS & Communications Consent disclosure, and Lead & Referral Disclosure are incorporated into these Terms by reference.

2. What VIO CHIMNEY is — and is not

VIO CHIMNEY is a home-services brand and referral platform. We market chimney-related services under the VIO CHIMNEY name and connect homeowner service requests with qualified, independent local service professionals (“Service Professionals”) engaged by or through the Platform. VIO CHIMNEY does not itself perform chimney sweeping, inspection, repair, installation, or any other on-site work, and is not a contractor.

Service Professionals are independent businesses. They are not our employees, agents, partners, or joint venturers, and we do not direct or control their work, methods, personnel, pricing, scheduling, or safety practices. Any contract for on-site work is formed solely between you and the Service Professional; VIO CHIMNEY is not a party to that contract and does not assume its obligations.

No guarantee of availability or matching. Coverage depends on your location and Service Professional capacity. Submitting a request does not guarantee that a Service Professional is available, will accept the request, will contact you within any particular time, or will perform any work. We will make reasonable efforts to notify you if no match is available.

Compensation disclosure. VIO CHIMNEY may receive fees or other compensation from Service Professionals in connection with referrals, as explained in the Lead & Referral Disclosure.

3. Service Professionals; your responsibility to verify

We apply the vetting criteria described in our Lead & Referral Disclosure when admitting Service Professionals to the network. Vetting is a point-in-time screening, relies in part on information supplied by the Service Professional, and is not a guarantee of licensure, insurance coverage, quality, safety, or outcomes. Licensing, registration, permits, insurance, bonding, taxes, workmanship, warranties, and compliance with building and fire codes are solely the responsibility of each Service Professional.

Before hiring any Service Professional, you should independently confirm that its license and insurance are current and adequate for the work (for example, through your state or local licensing authority and by requesting a certificate of insurance), obtain a written estimate and contract, and evaluate the professional for yourself.

Safety. Content on the Platform about chimney care, venting, and fire safety is general information only, is not professional advice, and is not a substitute for an on-site inspection by a qualified professional. If you suspect a chimney fire, gas leak, or carbon monoxide exposure, leave the building and call 911 before doing anything else.

4. Estimates, pricing, and scheduling

Any prices, ranges, promotions, or example costs displayed on the Platform are informational only and are not offers by VIO CHIMNEY. All estimates are prepared by, and are the sole responsibility of, the Service Professional, are non-binding on VIO CHIMNEY, and may change based on on-site conditions. The final price, scope, schedule, and any workmanship warranty are set exclusively in your agreement with the Service Professional.

We require network Service Professionals to provide written estimates before beginning work, but we do not guarantee their compliance and are not responsible for any deviation. You are never obligated to accept an estimate, and you may decline any estimate without cost or penalty from VIO CHIMNEY.

5. Your obligations

You agree to provide accurate, current, and complete information in any service request; to have authority to request work at the property identified; to use the Platform only for its intended purpose of arranging genuine service for yourself or someone you are authorized to assist; to remain reasonably reachable through the contact details you provide; and to comply with applicable law in your use of the Platform.

Communications. Contact preferences, consent to calls and texts, and opt-out mechanics are governed by our SMS & Communications Consent disclosure. Calls with us may be monitored or recorded where permitted by law, with disclosure at or near the start of the call.

6. Prohibited uses

You agree not to: (a) submit false, fraudulent, or duplicative service requests, or requests for properties you have no authority over; (b) impersonate any person or misrepresent your affiliation; (c) scrape, harvest, crawl, or systematically extract data from the Platform, whether manually or by automated means, including for machine-learning training; (d) collect, misuse, or resell contact information of Service Professionals or other users; (e) resell, broker, or redirect referrals or leads; (f) probe, scan, or test the vulnerability of the Platform, bypass access or consent controls, or interfere with its operation, including via denial-of-service attacks or the introduction of malicious code; (g) reverse engineer or copy any portion of the Platform except as permitted by law; (h) use the Platform to transmit unlawful, infringing, defamatory, or harassing content; or (i) use the Platform in competition with us or to develop a competing service.

We may investigate suspected violations, throttle or block access, remove content, reject requests, and terminate use, and we may report unlawful activity to law enforcement, all without notice or liability.

7. Intellectual property

The Platform and all of its content — including text, graphics, page designs, photographs, illustrations, logos, trade dress, software, and the VIO CHIMNEY name and marks — are owned by VIO CHIMNEY or its licensors and are protected by copyright, trademark, and other intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for your personal, non-commercial use in arranging home services. No other right or license is granted, and all rights not expressly granted are reserved. You may not use the VIO CHIMNEY name or marks without our prior written consent.

Feedback. If you send us ideas, suggestions, or feedback, you grant VIO CHIMNEY a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without compensation or attribution, and you represent that you have the right to do so.

8. Third-party links and services

The Platform may contain links to third-party websites, tools, or services, including websites of Service Professionals and review platforms. We do not control and are not responsible for third-party sites or services, and a link is not an endorsement. Your use of third-party sites and services is at your own risk and subject to their terms and privacy policies.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. VIO CHIMNEY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, VIO CHIMNEY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING ANY SERVICE PROFESSIONAL OR ANY ON-SITE WORK, INCLUDING AS TO QUALITY, SAFETY, LEGALITY, LICENSURE, INSURANCE, TIMELINESS, PRICING, WORKMANSHIP, CODE COMPLIANCE, OR OUTCOMES; REGARDING THE ACCURACY OF ANY ESTIMATE; OR THAT ANY SERVICE PROFESSIONAL WILL ACCEPT, RESPOND TO, OR COMPLETE ANY REQUEST. VETTING OF SERVICE PROFESSIONALS DOES NOT CONSTITUTE A WARRANTY, ENDORSEMENT, OR GUARANTEE OF ANY KIND.

VIO CHIMNEY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIO CHIMNEY OR THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIO CHIMNEY OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR DIMINUTION IN PROPERTY VALUE, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, THE SERVICES, ANY REFERRAL, OR ANY ON-SITE WORK, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIO CHIMNEY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF VIO CHIMNEY AND THE PARTIES LISTED ABOVE, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE SERVICES, EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS, IF ANY, YOU PAID DIRECTLY TO VIO CHIMNEY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

VIO CHIMNEY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, WORKMANSHIP, BREACHES, OR NEGLIGENCE OF ANY SERVICE PROFESSIONAL, OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR DEALINGS WITH A SERVICE PROFESSIONAL OR FROM ANY ON-SITE WORK. YOUR SOLE REMEDY FOR ANY DISPUTE CONCERNING ON-SITE WORK IS AGAINST THE SERVICE PROFESSIONAL THAT PERFORMED IT.

THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND VIO CHIMNEY, REFLECT THE FACT THAT THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; IN THAT CASE, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED.

11. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless VIO CHIMNEY and its owners, officers, employees, contractors, and agents from and against any claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Platform or the Services; (c) your violation of any law or the rights of any third party; (d) information or content you submit; or (e) your dealings with, or any dispute between you and, any Service Professional. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense. This obligation survives termination of these Terms.

12. DISPUTE RESOLUTION — binding individual arbitration; class action waiver; 30-day opt-out

Scope. Except for the carve-outs below, you and VIO CHIMNEY agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, the Services, any referral, or any advertising or communications from VIO CHIMNEY (each, a “Dispute”) will be resolved exclusively by final and binding arbitration on an individual basis, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and evidences a transaction involving interstate commerce.

Informal resolution first. Before filing arbitration, the party asserting a Dispute must send the other a written notice describing the Dispute and the relief sought (to us: legal@viochimney.com, subject line “Notice of Dispute,” including your name, contact information, and a description of the issue). The parties will attempt in good faith to resolve the Dispute informally for 60 days from receipt of the notice; the applicable statute of limitations is tolled during this period. Arbitration may be commenced only after this period expires.

Arbitration procedure. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by this Section, before a single arbitrator. The arbitration will be conducted in the county of your primary residence, by videoconference or telephone, or by documents only, at your election consistent with the AAA rules. The arbitrator may award the same individual relief a court could award, must apply these Terms and applicable law, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

Authority. The arbitrator has exclusive authority to resolve all Disputes, including disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, EXCEPT that a court of competent jurisdiction — not the arbitrator — will decide any question about the validity or enforceability of the class action waiver below.

Fees. Filing, administration, and arbitrator fees will be allocated as provided in the AAA Consumer Arbitration Rules. For claims seeking US $10,000 or less, VIO CHIMNEY will pay all AAA filing, administration, and arbitrator fees other than your initial filing fee, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each party bears its own attorneys' fees except where applicable law provides otherwise.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND VIO CHIMNEY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR DISPUTE OR REQUEST FOR RELIEF, THEN THAT DISPUTE OR REQUEST — AND ONLY THAT ONE — WILL PROCEED IN COURT, AND ALL OTHERS WILL REMAIN IN INDIVIDUAL ARBITRATION.

Carve-outs. Either party may (a) bring an individual claim in small claims court in a court of competent jurisdiction, if the claim qualifies and remains there on an individual basis, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized access to or abuse of the Platform. These Terms do not waive rights that cannot be waived by law, and nothing in this Section prevents you from bringing issues to the attention of federal, state, or local consumer-protection agencies.

30-DAY RIGHT TO OPT OUT. You may reject this arbitration agreement and class action waiver — with no effect on any other provision of these Terms or on your ability to use the Platform — by sending an email to legal@viochimney.com with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms (or first use the Platform after this arbitration provision is added or materially changed). Your opt-out must include your name, mailing address, and the phone number and email address you used with the Platform, and a clear statement that you decline this arbitration agreement.

Mass filings. If 25 or more demands for arbitration presenting similar claims are filed against VIO CHIMNEY with the assistance of coordinated counsel or organizations, the parties agree the AAA's mass or multiple-filing procedures (including staged or bellwether proceedings) will apply, and statutes of limitations are tolled for demands held in abeyance under those procedures.

Severability and survival. Except as stated in the class waiver paragraph above, if any portion of this Section is found unenforceable, the remainder remains in effect. This Section survives termination of these Terms and the end of your use of the Platform.

13. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 12. For any Dispute that is not subject to arbitration and does not qualify for small claims court, you and VIO CHIMNEY consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, and waive any objection to jurisdiction or venue in those courts. Nothing in this Section deprives you of the protection of mandatory consumer-protection laws of your state of residence that apply notwithstanding this choice of law.

14. Term, termination, and survival

We may suspend or terminate your access to the Platform, reject or cancel any service request, or discontinue any part of the Platform or the Services at any time, with or without cause or notice, without liability to you. You may stop using the Platform at any time. Sections that by their nature should survive — including Sections 7, 9, 10, 11, 12, 13, and 15 — survive any termination.

15. Changes to these Terms; general provisions

Changes. We may revise these Terms from time to time. Revisions take effect when posted, and we will update the Last updated date; if a change is material, we will provide reasonable notice on the Platform. Your continued use after changes take effect constitutes acceptance. Material changes to Section 12 will not apply to a Dispute for which a Notice of Dispute was received by us before the change took effect.

Entire agreement; severability; waiver. These Terms, together with the incorporated policies, are the entire agreement between you and VIO CHIMNEY about the Platform and supersede prior agreements on that subject. If any provision is held invalid, the remainder remains in full force. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our prior written consent; any attempt to do so is void. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

Force majeure; electronic communications. We are not liable for delay or failure caused by events beyond our reasonable control. You consent to receive notices and disclosures from us electronically, including by posting on the Platform, email, or text message, and agree they satisfy any legal requirement that communications be in writing.

No third-party beneficiaries. These Terms do not create rights in any third party, except that the parties listed in Sections 9 through 11 may enforce those Sections.

16. Contact

Questions about these Terms may be directed to VIO CHIMNEY at legal@viochimney.com. Please include “Terms of Use” in the subject line.