Current through Register Vol. XLI, No. 25, June 21, 2024
Section 142-5-2 - Definitions2.1. "Advertisement" (including the terms advertise and advertisement) means any oral, written or graphic statement made by the seller in any manner in connection with the solicitation of business, and including, but not limited to, statements or representations made in a newspaper, magazine or other publication, or on radio or television, or contained in any notice, handbill, billboard, poster, display, bill, circular, brochure, pamphlet, sign, catalog, or letter, or printed on or contained in any tag or label attached to or accompanying any goods or services offered for sale. Advertisement includes any statement or representation disseminated within West Virginia, even if such statement or representation was first disseminated outside West Virginia.2.2. "Clear and Conspicuous" means that the statement, representation or term being disclosed is of such size, and/or color contrast and is so presented as to be readily noticeable and understandable to the person to whom it is being disclosed. A statement, representation or term contained in a written contract is not clear and conspicuous unless: (a) it appears in printed or typed face larger than the largest type used in the written contract, apart from the typeface used for other terms required to be clearly and conspicuously set forth by these rules, and (b) it appears in close proximity to the information which it modifies or to which the seller intended it to refer.2.3. "Consumer Goods or Services" means goods or services purchased, leased or rented primarily for personal, family or household purposes.2.4. "Home Construction" means, for the purpose of this Rule, the repair, remodeling or the building of additions to existing single-family dwelling units, including single-family homes, condominium units or any other dwelling unit to be used by any persons primarily for personal or family use, but shall not include new single-family home construction or the rebuilding of all or substantially all of an existing or preexisting single-family dwelling.2.5. "Home Construction Contractor" means all persons, firms and corporations, their officers, representatives, agents, and employees engaged in the trade or commerce of home construction.2.6. "Home Improvement" means installing roofing, siding, paving, replacement windows, doors, awnings, heating and air-conditioning equipment, water softeners and purifiers, swimming pools, fire protection devices, or fixtures of any kind, performing substantial landscaping work involving earth-moving, large scale replanting or reseeding or engaging in the substantial remodeling or repair of any portion of an existing home or noncommercial structure or building.2.7. "Home Improvement Contractor" means all persons, firms and corporations, their officers, representatives, agents and employees engaged in the trade or commerce of home improvements.