Last Revision: April 6, 2015
This website and all of its features are subject to this Agreement, which incorporates the terms, conditions, guidelines, agreements, covenants, and notices (hereinafter “Terms of Service”) set forth below. If you visit the Company website (hereinafter “website”), or use any services offered or provided by or through the website, you are subject to the Terms of Service stated herein. Your use of this website is conditioned on your acceptance, without modification, of the Terms of Service stated herein. Your use of this website constitutes your agreement to abide by the Terms of Service stated herein.
If you do not agree with any part of this Agreement, you must not use the Company’s services or access this website. In return for your agreement to abide by and accept the Terms of Service stated herein, Company grants you a limited, non-transferable license to use this website. Company has the right to amend the Terms of Service at any time. Any such amendments will be appended hereto or incorporated herein, and are effective upon posting. You are urged to review the Terms of Service prior to each use of this website and prior to the use of any services offered or provided through this website. Please carefully read the entirety of this Agreement before agreeing to the same. Please also review Company’s Privacy Statement, which also governs your visit to Company.
This version of the Terms of Service is effective as of the date set forth above. By logging in to the system or using the website in any way, User consents to the Terms of Service that are effective at that time. Even if User has read and approved a prior version, User agrees to the version that is effective as of any date that User logs in to the system or uses the website. Company reserves the right to alter these Terms of Service, as well as its website and services, at any time and without notice. All changes will become effective upon posting to Company’s website.
This website contains links from and to other websites that are not controlled by Company. Company is not responsible for Terms of Service, or any other governing terms or conditions, of other websites.
TERMS OF SERVICE
- The following definitions apply to this Agreement and are made a part hereof:
- User or website User means any person or entity accessing the website of Company, or any part or aspect thereof, including, but not limited to, those seeking services, those posting information, casual browsers, service providers, advertisers, and others.
- Service provider means any person or entity that joins Company, or that in any way advertises, promotes, or otherwise offers its services or products through this website, including, but not limited to, contractors, subcontractors, material suppliers, carpenters, roofers, plumbers, painters, concrete and masonry installers, wallboard installers, repair and remediation services, debris removal services, irrigation services, hardscape and l andscape installers, designers, inspection services, asbestos services, engineers, architects, and all other persons in construction or construction-related industries.
- WEB COPYRIGHT INFORMATION AND OWNERSHIP. This website and all pages within this website are and constitute the copyrighted property of Company, including the arrangement and compilation of the text, graphics, audio and video clips, data, digital downloads, buttons, icons, images, and other content. You are prohibited from using, copying, reproducing, republishing, transmitting, posting, or distributing any content, trademarks, and logos without the express, advance, written consent of Company, except that you may display and print pages and items from this site for your personal, informational, non-commercial use. Such material is not to be broadcast or published in any form of media, and is not to be copied or posted on any network computer. All persons and entities who use this website, with the exception of service providers and paying advertisers who enter into contract with Company, acknowledge and agree to limit their use to personal, informational use. In the event Company provides written authorization for the use of any such material for other purposes, a copyright notice must appear on all pages and documents, along with a statement that such material is being used with the permission of Company. Subject to the restrictions stated herein, documents contained within this website may be downloaded and reproduced by elementary schools, middle schools, high schools, colleges, and universities, for educational purposes only, and for distribution within the classroom only. The use of any spider, robot, data mining device, or similar data gathering and extraction tools, processes, or programs, to copy, reproduce, collect data from, alter, or monitor any aspect of this website is strictly prohibited. Use of meta tags or other “hidden text” incorporating Company’s name, trade dress, or trademarks is specifically prohibited without the advance, express, written consent of Company. Violation of any of the foregoing restrictions may result in severe penalties and automatically terminates any license granted by Company. Those who violate the prohibitions contained herein will be prosecuted to the fullest extent allowable by law.
- DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that information or content contained on this website infringes on your copyright, please notify the copyright agent of the Company.
- TRADEMARK NOTICE. The trademarks and logos of Company displayed within this website are either the common law or registered trademarks of Company.
- ELECTRONIC COMMUNICATIONS. By visiting the website of Company by entering and receiving information through this website, and by e-mailing Company or any service provider, you are communicating electronically. You specifically consent to receive communications from Company and any persons or entities that provide services through this website electronically. You further agree that all the Terms of Service stated herein, along with any e-mails or other electronic communications with Company, satisfy any legal requirement that such communications must be in writing.
- SCOPE OF SERVICE AND LIMITATIONS. Following entry of your information and request, Company will provide a list of service providers in your area who may offer or agree to fulfill your service needs. Company does not guarantee that it will be able to provide the name of a service provider in your area, that it will be able to provide a complete list of service providers, or that it will be able to match your particular service needs with the services offered by a service provider. Company does not offer or provide construction services, repair services, or any similar services within the construction industry or related industries. Company is not a product manufacturer or supplier. Company merely provides a marketplace and electronic bulletin board for those offering such services. The User accepts and acknowledges that the User is solely and fully responsible for researching, evaluating, and selecting a service provider. The User is specifically advised to conduct thorough and independent research as to whether the service provider is properly qualified, licensed, insured, reputable, and otherwise capable of performing the services sought. Company is not an attorney and cannot give legal advice. Those who seek to enter into contractual relations with service providers, those who seek to discontinue such contractual relations, and those involved in disputes with service providers should seek the advice of an attorney and should not act unless they are clear as to their legal rights and duties. Construction lien law can be especially complex, and it is recommended that you consult an attorney immediately should a lien be placed against your property.
- LIMITS ON LIABILITY/HOLD HARMLESS/DISCLAIMER. You acknowledge and agree that all services provided by and through this website are provided on an “AS IS” and “AS AVAILABLE” basis. You acknowledge and agree that Company is not liable with respect to any disputes that may arise between you and any service provider. Company specifically disclaims any responsibility or liability whatsoever for failure of performance; late payment, non-payment, financial disputes with service providers; incomplete, shoddy, nonconforming, or defective work; defective or hazardous products; injuries sustained on the job site; injuries or accidents occurring in transit to or from the job site; injuries resulting from defective workmanship; code violations, criminal violations, and statutory violations; fraud, civil theft, and other tortious conduct; ab andonment of any contract; false advertising; bidding and contractual disputes; injuries resulting from engineering, building, or design errors; mold, radon, latent defects, and hazardous materials; warranty and guaranty issues; and any other claims or disputes, of any type whatsoever, without limitation, that may arise out of services sought, offered, or provided as a result of contacts generated by this website. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR DAMAGES FLOWING FROM, ARISING OUT OF, OR CONNECTED WITH THIS AGREEMENT AND SERVICES RENDERED THROUGH THIS WEBSITE OR PURSUANT TO THIS AGREEMENT, IRRESPECTIVE OF ANY NEGLIGENCE, GROSS NEGLIGENCE, MISFEASANCE OR MALFEASANCE ALLEGEDLY ATTRIBUTABLE TO COMPANY. THIS LIMIT SHALL APPLY WHETHER SUCH LIABILITY ALLEGEDLY ARISES FROM THE ACTS OF SERVICE PROVIDERS, OTHER USERS, COMPANY, OR THIRD PERSONS. AS A MATERIAL INDUCEMENT FOR COMPANY TO ALLOW YOU TO USE ITS WEBSITE, AND TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU HEREBY AGREE TO RELEASE, ACQUIT, AND FOREVER DISCHARGE COMPANY, ALONG WITH ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, ATTORNEYS, AND AGENTS, FROM ANY AND ALL MANNER OF ACTIONS, WHICH YOU MAY HAVE, OR WHICH MAY ARISE OUT OF, OR WHICH IS IN ANY WAY CONNECTED TO YOUR RELATIONS, DEALINGS, CONTACTS, OR CONTRACTS MADE AS A RESULT OF YOUR USE OF THIS WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, ATTORNEYS, AND AGENTS, FROM ANY AND ALL CLAIMS, DISPUTES, OR DEMANDS ARISING OUT OF OR IN ANY WAY CONNECTED WITH CONTACTS MADE OR RELATIONSHIPS FORMED THROUGH USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS BY THIRD PARTIES, CLAIMS BY OTHER USERS, CLAIMS BY SERVICE PROVIDERS, AND CLAIMS ARISING FROM ANY VIOLATION OF THE TERMS OF SERVICE STATED HEREIN. EXCEPT AS OTHERWISE REQUIRED BY LAW, AND TO THE FULLEST EXTENT THAT THIS LIMITATION CAN BE ENFORCED AT YOUR LOCALITY, YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY AGAINST COMPANY, WITH RESPECT TO ANY CLAIM RELATED TO USE OF THIS WEBSITE, IS THAT YOU ARE FREE TO DISCONTINUE, WITHOUT NOTICE, USE OF THE WEBSITE AND ANY SERVICES OFFERED BY COMPANY. EXCEPT AS EXPRESSLY SET FORTH WITHIN THIS AGREEMENT, COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO COMPANY, REGARDLESS OF THE FORM OF CLAIM. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE OPERATION OF THIS WEBSITE OR THE INFORMATION AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE. TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW WITHIN ANY STATE, COMMONWEALTH, TERRITORY, PROVINCE, PROTECTORATE, OR JURISDICTION, THE FOREGOING LIMITS ON LIABILITY, LIMITATIONS ON CERTAIN DAMAGES, AND/OR DISCLAIMER OF WARRANTIES SHALL NOT APPLY.
- INDEPENDENCE OF SERVICE PROVIDERS/DISCLAIMER OF SERVICE-PROVIDER WARRANTIES. The service providers listed by Company, or that otherwise offer, provide, or advertise their services through this website, are not employees, agents, subsidiaries, joint ventures or affiliates of Company. Company does not control their actions, representations, or services. Company does not recommend any one service provider over any other service provider. Any guarantees, warranties and representations made by service providers do not constitute the guarantees, warranties, or representations of Company. Company is not responsible for the accuracy of information provided any service provider. Company does not guarantee, warrant, endorse, defend, investigate, or supervise the performance, representations, guarantees, or warranties of any service provider. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND OTHER INFORMATION PROVIDED BY OR POSTED BY SERVICE PROVIDERS WITHIN THIS WEBSITE OR ELSEWHERE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE, IRRESPECTIVE OF HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED, CLASSIFIED, OR PRESENTED. USER HEREBY ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY TYPE, PROVIDED BY SERVICE PROVIDERS, MERCHANTS, MANUFACTURERS, OR SUPPLIERS ARE TO BE PURSUED AND ENFORCED STRICTLY AGAINST SUCH PERSONS AND ENTITIES, AND THAT SUCH WARRANTIES, GUARANTEES, AND REPRESENTATIONS WILL NOT BE ENFORCED AGAINST COMPANY. If you enter into a contract with a service provider, your rights are governed by the contract and by applicable law. If a service provider enters into a contract with you or with any other User of this website, its rights are governed by the contract and by applicable law. In either case, Company is not a proper party to any dispute that may arise between service providers and website Users.
- DISCLAIMER AS TO ACCURACY/RELIANCE ON INFORMATION. Although the Company attempts to ensure the integrity and accurateness of its website, Company makes no claims, representations, or warranties as to the accuracy, reliability, or suitability of the information contained within this website, including, but not limited to, the information contained in any text, documents, graphics, and other elements. The information provided within this website may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error, and should not be relied on except as a starting point for research or investigation. You agree not to rely on any information provided within this website as a basis for decision until you have independently researched, verified, and confirmed the same. Company may allow service providers to post information on the website. Company does not investigate the accuracy of such information, and you should independently check and verify any information presented. ALL INFORMATION IS PROVIDED AS IS, WITHOUT A WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
- THIRD PARTY CONTENT/LINKS/STATEMENTS OF OPINION. Advertisements and other information, logos, and trademarks, appearing within this website may be owned by third-party service providers and others, and should not be used or reproduced without the express consent of their respective owners. Service Providers may be granted limited and nonexclusive permission to create a hyperlink to the home page of Company. Company does not control links to third-party sites, and Company is not responsible for their content or functionality. No link may portray Company in a false light or defame or disparage the services offered by Company or any Service Provider listed through Company. Company is not responsible for any statements of opinion, complaints, comments, reviews, or ratings posted or published within its website, on any websites owned or controlled by third parties, or in any other location. Such representations constitute the opinions of those who posted the same, are not endorsed by Company, and do not reflect the opinions of Company or its officers, directors, agents, or employees. Company does not regularly review posted comment and has no obligation to conduct such reviews or to regularly remove content that does not meet the criteria set forth within these Terms of Service. Company nevertheless reserves the right to remove, without notice, any content, posted within its website that Company, in its sole discretion, deems as disparaging, offensive, disruptive, or potentially defamatory.
- RESTRICTIONS ON USE. If Company discovers, receives information indicating, or otherwise suspects that you have violated the Terms of Service, or restrictions on publication and use, as set forth herein, or that you are causing problems, acting in a reckless manner, or creating liabilities of any type, Company reserves the right, in its sole discretion, to terminate your use of and access to the website, without notice. As consideration and as a material incentive for Company to permit use of its website, you agree not to:
- Publish, post, or otherwise communicate false information, inaccurate information, misleading information, or libelous or defamatory content;
- Violate any laws, regulations, or codes;
- Use the website if you are under the age of 18 or are unable to form a legally binding contract;
- Post inappropriate, impertinent, or sc andalous content or post items in an inappropriate category;
- Use the website if you have been suspended or barred from use;
- Interfere with another User’s listings or requests, or take any other action to undermine communications or the efficient operation of the website, including, but not limited to, the distribution of spam, chain letters, and viruses; hacking and jamming; and use of harmful technologies of any type;
- Replicate, reproduce, copy, or distribute content from this website, or Company’s copyrights and trademarks, in violation of this Agreement;
- Assist or conspire with others to circumvent fees due from service providers to Company;
- Falsely pose as a customer, service requester, or service provider, or otherwise use a false identity, email address, telephone number, or physical address, whether to gain some financial advantage, to generate economic harm, to jam or disrupt communications, to commit fraud, or for any other purpose whatsoever; or
- SECURITY AND FURTHER USE RESTRICTIONS. You may not use Company’s website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the Company website or any of its content for competitive reasons nor may you resell or redistribute Company content without prior express written consent of management at Company. The User of the Company may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Company website, any data or content found on or accessed through the Company website without prior express written consent of management at Company. You may not use the Company website to obtain or attempt to obtain through any means any materials or information on the Company website that has not been intentionally made publicly available either by public display on the Company website or through accessibility by a visible link on the Company website. You may not use the Company website in a manner that would violate the security of the Company website or attempt to gain unauthorized access to the Company website, data, materials, information, computer systems or networks connected to any server associated with the Company website, through hacking, password mining or any other means. The User of the Company website may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. The User of the Company website may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Company website, any activities conducted on or through the Company website or any servers or networks connected to the Company website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Company website. The Company reserves the right to limit the number of projects, contacts and companies that can be viewed during any given day.
- NO CONFIDENTIALITY OR USE LIMITATIONS FOR SUBMITTED INFORMATION. You acknowledge and agree that any communication or material you transmit to this website, in any manner and for any reason, will not be treated as confidential or proprietary information and that any communications, or other materials you transmit to this website may be used by the Company for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if the Company decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
- ASSIGNMENT OF CONTENT. You hereby assign any and all rights in and to the content and information that you post on the Company website, including all ratings, to Company without compensation. You agree that all such content and information is the sole and exclusive property of Company, and that you have no right to reproduce or publish such content and information, or use such content and information, in any way other than your personal use relating to your use of Company’s services and website. If you use, reproduce or publish such content and information, you hereby indemnify and hold Company, its owners, directors, officers, agents, employees, representatives, Users and service professionals, harmless against any and all claims and dem ands, including costs, attorneys’ fees, arising out of or related your reproduction or publication of such content and information.
- FALSE SERVICE REQUESTS/REMEDIES. Should you make a service request using a false identity, you agree that such action constitutes a material breach of this Agreement. You further agree that damages under such circumstances, in the form of lost profits, lost opportunity, consequential damages, damage to reputation, and disruption of services, would be difficult to measure. Therefore, any person or entity making service requests or other applications and inquiries using a false identity, agrees to pay damages in the amount of $5,000.00, per incident, to both Company and each service provider to whom such request was made. This amount does not constitute a penalty, but is a valid attempt to quantify damages that may result from such incidents. In addition, the person or entity making such false request or request under a false identity agrees to pay all reasonable attorneys’ fees, investigative costs, and other costs and expenses incurred by the Company, including attorneys’ fees, costs, and expenses incurred on appeal, and in determining the amount of reasonable attorneys’ fees, costs, and expenses. This provision shall not limit Company’s right to pursue other remedies and damages for related and unrelated tortious acts. Further, should a single person or entity make three (3) or more such false requests, such activities shall be deemed to constitute a pattern of false requests under this Agreement. Under such circumstances, the Company shall have the right, at its sole discretion, to waive the liquidated damages provision stated herein, and pursue additional damages, including, but not limited to punitive damages.
- DISPUTE RESOLUTION WITH SERVICE PROVIDERS. You agree and acknowledge that Company has no obligation to address, acknowledge, review, take up, or respond to complaints or disputes with respect to the representations, actions, or services of a service provider. Any inquiries or complaints should be directed to the service provider. At its sole discretion, Company may offer gratuitous, informal, limited assistance to Users who contacted a service provider through the Company website and who are dissatisfied with the services provided. Such inquiries should be directed to Company’s Customer Support. Any User seeking such assistance agrees to have made a good-faith effort to resolve the dispute with the service provider before contacting Company, and further agrees to cooperate, to act in good faith, and to deal fairly in its contacts with Company. The User seeking such services specifically acknowledges that Company is not acting as an attorney, mediator, arbitrator, or in any other formal capacity. You agree that any assistance provided by Company, pursuant to this section is given free of charge and consideration, shall not subject Company to any liability whatsoever, and shall not create any new duties or obligations on the Company. Company reserves the right to terminate such assistance at any time, at its sole discretion, with or without cause.
- SERVICE PROVIDER SCREENING. When a service provider applies for membership, Company takes basic steps to ascertain the credentials of the service provider. Steps may include, but will not necessarily include or be limited to, criminal checks, identity verification, sexual predator checks, and state-wide license verification. All or part of this inquiry may be carried out by a third-party, and may rely partially or entirely on third-party data and data sources. The procedure may change from time to time, at the sole discretion of the Company. Company has no obligation whatsoever to conduct such inquiry, to confirm the accuracy of any data provided to it by third-party sources, or to undertake any independent investigation. You underst and that Company does not provide any guarantee, warrantee, endorsement, recommendation, or representation regarding the qualifications, credentials, reputation, license status, insurance status, financial status, bonding information, corporate status, safety record, discipline record, litigation record, or integrity of any service provider. You agree and underst and that the process is not error free, does not constitute a detailed background check, and is extremely limited in scope. You underst and that, even if steps to ascertain the credentials of service providers are taken at the time a service provider registers with Company, the status of the service provider may change over time. In addition, Company relies to some degree on the representations of the service providers themselves. You agree and acknowledge that Company has a right to rely on such information without independently verifying the same and without incurring any liability. Consequently, you underst and and agree that it is solely your responsibility to research, ascertain, confirm and verify the license requirements, license status, qualifications, safety record, disciplinary record, insurance status, corporate status, bonding information, integrity, and other qualifications of a service provider. Determining whether a service provider is properly licensed to perform a specific task within a specific locality can be a complex task, and you should consult with the appropriate state agency, the county and local building departments, and other license authorities when making such a determination. In addition, you should ask for a copy of the license prior to entering into contract. COMPANY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICE PROVIDER SCREENING PROCESS, INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE. COMPANY STRONGLY RECOMMENDS THAT YOU DO NOT USE OR HIRE AN UNLICENSEDCONTRACTOR. AS A MATERIAL INCENTIVE FOR COMPANY TOPERMIT USE OF ITS WEBSITE, YOU AGREE TO RELEASE COMPANY FROM ANY AND ALL LIABILITY FOR INSUFFICIENT SCREENING PROCEDURES, AND YOU SPECIFICALLY AGREE TO BE RESPONSIBLE FOR ASCERTAINING AND VERIFYING THE CREDENTIALS AND CURRENT STATUS OF SERVICE PROVIDERS.
- GENERAL PROVISIONS. The following general conditions apply to this Agreement, and shall be deemed part of the Terms of Service stated herein:
- Enforcement/Binding Effect. User agrees and acknowledges that this Agreement constitutes a contract enforceable in a court of law or equity, that it is supported by sufficient consideration, and that it is specifically enforceable to the fullest extent possible under the court’s equitable and legal jurisdiction.
- Dispute Resolution. User and Company agree that any dispute that arises under this Agreement, or that is in any way related to this Agreement or to Services provided by Company, shall be submitted to binding arbitration, pursuant to the rules of the American Arbitration Association. The party determined to be in violation of this Agreement shall be responsible for all reasonable attorneys’ fees and costs, including expenses associated with expert witnesses, travel, costs, appellate proceedings, and the like, including attorneys’ fees incurred in establishing the amount of attorneys’ fees to be awarded.
- Entire Agreement/Merger. This Agreement contains the entire agreement between the parties as to the subject matter hereof. User agrees and acknowledges that no representations, promises, or agreements, other than those made herein, have been made by any of the parties hereto in connection with this Agreement. All prior representations are merged into this Agreement.
- Construction/Severability. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any term or provision of this Agreement or the application thereof to any person or circumstance shall be determined to be void, invalid or unenforceable by any court of competent jurisdiction, then such provision or determinations shall be modified to conform it to law and to make it enforceable, while maintaining, to the fullest degree possible, the purpose of the provision. If such modification is not possible, the provision shall be stricken, and shall not affect the validity and enforceability of the remaining Terms of Service and the overall Agreement.
- Venue and Jurisdiction. In the event that there is any dispute concerning or arising out of this agreement or performance of this Agreement, User and Company agrees that the sole venue and jurisdiction shall be vested in Palm Beach County, Florida. Arbitration and all enforcement proceedings shall take place in that jurisdiction. To the fullest extent permissible by law, the User waives any objection to venue or personal jurisdiction, and agrees that Company is to perform its obligations under this agreement in Palm Beach County, Florida. The parties agree that this Agreement shall be governed by the laws of the State of Florida, without regard to choice of law rules.
- The failure of Company to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
- You agree to indemnify and hold harmless Company, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by you (ii) any content, data or material that you submit, post or otherwise provide to Company or on this website.
- No Agency. You are not an agent of Company for any purpose whatsoever; neither is Company your agent for any purpose whatsoever.
- Successors and Assigns. This Agreement and the Terms of Service and the rights and obligations hereunder shall bind and inure to the benefit of Company, its successors and assigns, and licensees.
- COMMENTS, REQUEST AND QUESTION. Please send any comments, request or questions to email@example.com.