GreenSky ProFinder Terms and Conditions

Effective 03/15/2019

Home improvement professionals listed on our website (collectively, “Merchants”) can be located using our referral service, the ProFinder (“ProFinder”). ProFinder is our service where you request a referral for a specific task, and we refer you to Merchants that may contact you (the “Services”). The Services are offered to you, conditioned on your acceptance without modification of the following terms, conditions and notices (the “Terms and Conditions”). Your use of the Services by entering your information into the ProFinder and submitting your request for a Merchant referral constitutes your agreement to the Terms and Conditions in effect at such time. These Terms and Conditions apply to any Services or properties, such as websites or apps, owned and operated by GreenSky, Inc. and its wholly owned subsidiaries and affiliates (collectively, “GreenSky”), on which a link to these Terms and Conditions appears. If you have any questions regarding these Terms and Conditions, you may contact us at service@greensky.com. We may amend these Terms and Conditions at any time by posting a revised version of these Terms and Conditions. These Terms and Conditions were last updated on March 15, 2019. Please also review our Community Guidelines (available at https://www.greensky.com/social_media_guidelines/) and Website Terms of Use (available at https://www.greensky.com/terms/website_terms_of_use/) incorporated by reference.

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT SECTION 17 OF THE WEBSITE TERMS OF USE CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND GREENSKY HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST GREENSKY TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 17 OF THE WEBSITE TERMS OF USE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST GREENSKY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 17 OF THE WEBSITE TERMS OF USE COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 17 OF THE WEBSITE TERMS OF USE FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE SITE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. THE PROFINDER SERVICE

ProFinder is our service where you request a referral for a specific task, and we refer you to Merchants that may contact you. Upon entering your information and the request for which you would like a Merchant, we will attempt to match you with Merchants in your area that may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Merchant or that there are Merchants in your area that are either capable or willing to complete your service needs.

  1. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Merchants, we make no guarantees, warranties or representations regarding the skills or undertakings of any such Merchant or the quality of the job that such Merchant may perform for you if you elect to retain its services. GreenSky does not endorse or recommend the services of any particular Merchant. GreenSky does not independently verify Merchant’s representations about its services nor validate any reviews. It is entirely up to you to evaluate the Merchant and the Merchant’s qualifications and to enter into a direct contract or otherwise reach an agreement with a Merchant. We do not guarantee or warrant any Merchant’s performance or the outcome or quality of the services performed. The Merchants are not employees or agents of GreenSky, nor is GreenSky an agent of the Merchants.
  2. No Contracting via the GreenSky website. GreenSky may inform you of certain offers or discounts provided by a Merchant. Such offers or discounts are made solely by the Merchant, and GreenSky does not guarantee or warrant the pricing or discounts that a Merchant may offer you. Any quotes provided by Merchants via the GreenSky website or any apps owned or operated by GreenSky, or which you find thereon, are not contractually binding offers, are for informational purposes only and cannot be accepted by GreenSky or on its website. No contractual arrangement is created based upon the quotes provided to you from Merchants (or your scheduling of an appointment with a Merchant) via GreenSky. To contract with a Merchant, you must work directly with such Merchant. GreenSky does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Merchants are governed by the terms of such contracts and by applicable law. GreenSky is not a party to such contracts. All payments and applicable taxes must be made to the Merchant in accordance with such contracts.
  3. Release from Damages or Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO RELEASE GREENSKY (AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY LENDER FROM ANY DAMAGES OR CLAIMS (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH RESPECT TO ANY SERVICES PROVIDED BY ANY MERCHANT, THE FEES CHARGED BY ANY MERCHANT AND YOUR DEALINGS WITH ANY MERCHANT.
  4. A Merchant pays certain fees to GreenSky in connection with its participation in the program, which may include, among other things, a referral fee based on your transactions with the Merchant, a fee when you use a GreenSky® loan to pay for your purchases from the Merchant and/or a lead fee for each referral provided to the Merchant.

2. YOUR USE OF THE SERVICES AND PROHIBITED USES

You acknowledge and agree that your use of the Services is for your personal use and not for advertising or commercial purposes. You agree not to copy or collect GreenSky content via robots, spiders, scripts, scrapers, crawlers or any automated or manual equivalent (e.g., by hand). You may not use the Services to compete with GreenSky, to solicit or harass Merchants 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 will be liable to GreenSky for any such damages and will indemnify GreenSky in the event of any claims against GreenSky based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Services, products or properties at any time. All information about Merchants is confidential and for your personal use only. If it is determined or suspected by us, in our sole discretion, that you are misusing or attempting to misuse or circumvent the services or our website or are using or attempting to use the Services or our website for any inappropriate or non-personal purposes, including, but not limited to, activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, we reserve the right, in our sole discretion, to immediately terminate your access without notice, to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including, but not limited to, lost revenue, repairs, legal fees, costs and expenses and to seek injunctions or other equitable remedies.

3. INFORMATION YOU PROVIDE TO US/TCPA CONSENT

Upon using the Services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Merchants that will need this information to respond to your request. By using the Services, you are requesting and authorizing GreenSky to share certain information with Merchants including, but not limited to, your contact information (including name, phone number, email address, address, zip code) whether you have a GreenSky® account and applicable GreenSky® programs/promotions in which you are participating. By providing this information to us, or by submitting a service request, you are requesting and authorizing us and our Merchants, agents, successors, assigns and service providers to contact you at the telephone number (and any future number) that you provide, including your cellular telephone or other wireless device, by phone or text message using an automated telephone dialing system or artificial or prerecorded voice messages, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list. GreenSky and Merchants may contact you for any legal purpose so that we may provide the Services set forth on our website, to service your account, to reasonably address matters pertaining to your account, including, but not limited to, notifying you of, or confirming, appointments that you have scheduled or for other purposes reasonably related to your service request and our business, including, but not limited to, marketing related emails. You also authorize GreenSky and Merchants to send you an automated, prerecorded call confirming your service request, along with calls from Merchants that can help you with your request to the telephone number you provided, and you understand that GreenSky and/or any of such Merchants may use automated telephone dialing technology (including, but not limited to, autodialed and prerecorded messages) to call you, and that your consent is not required to purchase products or services. You may revoke your consent at any time by contacting us at 1-866-936-0602 or P.O. Box 29429, Atlanta, GA 30359. For complete details on our use of your information, please see our privacy policy available at www.greensky.com/privacy-policy. You agree that by completing a service request, you are entering into a business relationship with GreenSky and/or a Merchant and, thus, agree to be contacted by GreenSky and/or such Merchant. You promise that all information you provide (including, but not limited to, your contact information and any ratings and reviews of Merchants that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, inaccurate, not current or incomplete, or GreenSky has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GreenSky has the right to refuse any current or future use of the Services (or any portion thereof) by you. You are responsible for any use of the Services by persons to whom you intentionally or negligently allow access to your password.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING, BUT NOT LIMITED TO, NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, INVASION OF PRIVACY RIGHTS, TO GREENSKY, THE MERCHANTS AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND, FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING, BUT NOT LIMITED TO, SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO GREENSKY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUEST FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF GREENSKY AND EACH OF THE AFFECTED MERCHANTS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (SUCH AS, FOR EXAMPLE, THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS’ FEES, COSTS AND EXPENSES RELATING THERETO, IF APPLICABLE; AND (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO.

4. PLATFORM MESSAGING

By submitting a service request, you agree that GreenSky and the Merchants may send you text (SMS) messages as part of the normal business practice of GreenSky, including, but not limited to, sending you messages for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from GreenSky at any time by texting the word STOP to the number provided from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from GreenSky, your use of the Services may be impacted. GreenSky and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via GreenSky’s messaging platform.

5. CALL RECORDING

You acknowledge and agree that GreenSky may monitor and/or record any telephone calls between you and GreenSky.

6. USER GENERATED CONTENT

Please review our Community Guidelines, incorporated herein by reference for rules governing user generated content. Community Guidelines are available at https://www.greensky.com/social_media_guidelines/

7. SERVICE PROFESSIONAL MERCHANT PRESCREENING PROCEDURES AND DISCLAIMERS

Unless otherwise noted, GreenSky uses the following criteria as part of its enrollment process for Merchant businesses when they initially apply to participate in the GreenSky® network (“Enrollment”).

  1. Screening. Screening is completed on the enrolled business and the principal owners disclosed to GreenSky at Enrollment. We perform the following screening at the time of Enrollment:
    1. Business History. Merchants must either (i) prove they have been in business for two (2) years as of Enrollment or (ii) be introduced by a trusted larger national or corporate account or sponsor. In addition, we review each Merchant’s business history for material issues related to commercial creditworthiness and reputation.
    2. Business Licensing. For states where licensing is required, we review government and third party sources to determine if the Merchant is properly licensed at the time of Enrollment.
    3. Location Checks. We use an online location service to determine whether the Merchant is likely to be located at the address provided at the time of Enrollment. We conduct reviews in an attempt to prevent enrolling Merchants that provide a mail drop or transient address at the time of Enrollment.
    4. Reputation Checks. We conduct an internet search to determine whether a Merchant raises concerns based on online presence as of Enrollment sufficient to deny Enrollment. This often includes a search of the Better Business Bureau website.
    5. Identity Verification. At Enrollment, we check the identity of the Merchant and principal owners disclosed at the time of Enrollment by verifying their Social Security Numbers.
    6. Criminal Records and Sex Offender Search. We use third-party data sources to review criminal history of principal owners submitted by a Merchant at the time of Enrollment. If the criminal history search identifies that a principal owner has been convicted of certain felonies or misdemeanors of a financial, violent or sexual nature, then GreenSky, in its discretion, may determine that the business is not eligible to enroll. If the criminal history search identifies that a principal owner was convicted of any felony offenses involving sexual crimes, then the business will not be eligible to enroll.
    7. OFAC/SDN Screening. We review the principal owners of a Merchant provided by the business at Enrollment and the business itself to determine whether the business is included on applicable government watch lists as of Enrollment and once a month during their relationship with GreenSky®.
  2. Merchants Profiles. GreenSky may allow Merchants to post profiles about themselves and their business on the GreenSky website or apps. GreenSky does not review or verify the information or representations set forth in such profiles, except as expressly set forth above, as they are self-reported by the Merchant. GreenSky makes no representations or warranties regarding any information posted by a Merchant and assumes no liability for such information.

The above procedures may change from time to time at the sole discretion of GreenSky, in which case these Terms and Conditions will be updated to reflect such changes. GreenSky believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that Merchants continue to meet the above screening criteria after the date of their Enrollment in the GreenSky Program. GreenSky does not represent or warrant that the information received from government agencies or from third party sources is accurate, error free or that it is up to date or updated at the time that GreenSky checks such information. Most agencies have periodic update cycles or schedules, and this information is not updated on a real-time basis by such agencies and third party sources. While we always strive to provide the most current information, we recommend that you perform your own research on the Merchants you hire.

WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE MERCHANT (E.G. NAME OF OWNER, BIRTHDATE AND SOCIAL SECURITY NUMBER).

NOTE: GREENSKY PERFORMS SCREENING SOLELY AT THE TIME THE MERCHANT APPLIES FOR ENROLLMENT. GREENSKY IS UNDER NO OBLIGATION TO UPDATE A MERCHANT’S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A MERCHANT YOU VERIFY THAT INFORMATION PRESENTED IN THE MERCHANT’S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU. PLEASE PERFORM YOUR OWN RESEARCH ON MERCHANTS BEFORE HIRE.

DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREENSKY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN SUCH SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

8. RATINGS AND REVIEWS ARE NOT ENDORSED BY GREENSKY

All ratings and reviews of a Merchant displayed to you reflect the opinions of other consumers and do not reflect or represent the opinions or representations of GreenSky. GreenSky disclaims any and all representations or warranties with regard to such ratings and reviews. GreenSky does not assume responsibility or liability for any review or for any claims, damages or losses resulting from any use of the GreenSky website or the materials contained therein.

9. ARTICLES AND OTHER CONTENT

We provide certain content relating to home improvement, repair and maintenance (collectively, “Articles”) on our website. Such Articles are provided “as-is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that such Articles do not provide advice and are no substitute for the advice of a professional.

10. WEBSITE TERMS OF USE INCORPORATED BY REFERENCE

All terms included in the Website Terms of Use (available at https://www.greensky.com/terms/website_terms_of_use/) are incorporated herein by reference and govern your use of ProFinder in addition to these terms. Please read and review these terms as part of your use of our website.