TERMS OF USE

LAST UPDATED: June 29, 2009

 

Nature of the Service

 

ContractorCommunity (also referred to herein as “we”, “us” and “our”) provide contractors and handymen (each, a “Contractor”, and collectively, the “Contractors”) who have registered through the contractorcommunity.com website (the “Website”) an opportunity to post their services in our on-line directory.  ContractorCommunity also provides members of the general public who access our Website (the “Users”) an opportunity to access the online directory and initiate independent contact with Contractors on a completely voluntary basis.  As used herein, “you” and “your” refer to you who are a Contractor and/or User, as the case may be.

 

Contractors and Users are free to discuss, negotiate and enter into mutually beneficial dealings or contracts for projects amongst themselves.  ContractorCommunity is not involved in the dealing or contracting between Users and Contractors, nor are we involved with the Contractors’ delivery of (or failure to deliver) services to anyone; and we are not a party to any contract for any purchase and sale of a Contractor’s services.  All rights and obligations for the purchase and sale of any services are solely between the Users and Contractors.  Users and Contractors must look solely to each other for enforcement and performance of all the rights and obligations arising from services and agreements to provide services and any other terms, conditions, representations or warranties associated with such dealings.

 

Contractual Agreement

 

Through any use of the Website, you signify that you have read these Terms of Use and agree to be bound by and comply with them at all times.  If you do not agree to be bound by these Terms of Use, please promptly refrain from any use of the Website.  We reserve the right to modify these Terms of Use at any time and will publish notice of any such modifications on-line at the Website.  By continuing to access the Website after notice of such modifications have been published, you signify your agreement to be bound by them.

 

Contractor Membership

 

After completing the registration process on the Website, Contractors pay a monthly membership fee (the “Membership Fee”) for a minimum term of 1 month.  ContractorCommunity automatically renews the Contractors’ memberships each month and charges the authorized payment method.  The membership billing period begins on the date that ContractorCommunity receives the payment of the Membership Fee.  The Membership Fee is calculated from the beginning of that billing period and is renewed each month until Contractor elects to terminate Contractor’s membership by following the termination process specified under Termination Process.  Termination of membership will be effective as of the end of the then current billing period.  In the event that Contractor discontinues paying the Membership Fee and/or terminates the membership, ContractorCommunity reserves the right to remove any and all information regarding such Contractor from the Website.

 

ContractorCommunity is not required to provide you notice prior to terminating your membership and/or subscription. ContractorCommunity is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

 

Subscriptions; Charges on Contractor’s Billing Account

 

(a) General. ContractorCommunity bills you through an online account (your "Billing Account") for use of the Service. You agree to pay ContractorCommunity all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize ContractorCommunity to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. ContractorCommunity reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Recurring Billing. Subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. CONTRACTORCOMMUNITY MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE THIS AUTHORIZATION THROUGH CANCELLATION OR CHANGE YOUR PAYMENT METHOD.  TO CHANGE YOUR PAYMENT METHOD, SELECT BILLING INFORMATION.

(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY CONTRACTORCOMMUNITY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT BILLING INFORMATION. IF YOU FAIL TO PROVIDE CONTRACTORCOMMUNITY ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT CONTRACTORCOMMUNITY MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE. (d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If ContractorCommunity does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

(e) Auto-renewal. Your ContractorCommunity subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current subscription rate. To change or resign your subscription at any time, go to Billing Information. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.  If you opt to upgrade or downgrade your membership level, you will be charged the then-current subscription rate for the package to which you are upgrading or downgrading.  To minimize multiple charges generated by upgrading or downgrading your account, we suggest you change your subscription level as close to your original billing date as possible.  Please note that your original subscription will be superseded by your new subscription and your new billing period begins on the date that ContractorCommunity receives the payment of the new upgraded or downgraded Membership Fee.

(f) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that ContractorCommunity is authorized to charge your Payment Method. ContractorCommunity may submit those charges for payment and you will be responsible for such charges. This does not waive ContractorCommunity’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

 

Contractor Postings

 

Contractors are eligible to post their trade, rates, contact details, and other pertinent information about themselves and their services for public view on the Website subject to these Terms of Use (each, a “Contractor Posting” and collectively, the “Contractor Postings”).  Contractor Postings are offered for general information purposes only.  ContractorCommunity does not endorse any Contractors nor do we carry out any reference or background checks.  Without limitation to the foregoing, ContractorCommunity does not represent or verify whether any Contractor:

 

• carries the appropriate state-level licenses;
• maintains any insurance coverage or bond;
• is lawfully permitted to work in the United States of America or any other applicable jurisdiction;
• has any criminal record;
• is a registered sex offender;
• is whom s/he says s/he is;
• has any other aliases;
• has any outstanding civil judgments or has ever filed for bankruptcy; or
• has bona fide references.

 

Each User selects, contacts, shares information with and hires Contractors at his/her own risk.  It is up to Users to verify representations made by Contractor and to carry out background and reference checks in advance and to ensure that the Contractor is lawfully permitted to work in the United States of America (or any other applicable jurisdiction).  We encourage Users to maintain a healthy skepticism about any information posted in the Contractor Postings or other representations made by Contractors.  Contractors may not be whom they claim to be, may not know what they say they know, may not be able to do what they claim to be able to do, and may not be affiliated with whom they say they are affiliated or have been affiliated.   What Contractors say may be completely erroneous.  It is exclusively the Users’ own responsibility to verify the facts before hiring a Contractor.

 

Information about Contractors

 

During the registration process on the Website, Contractors will be invited to supply their contact details and other information.  Contractors acknowledge and agree that their name and other information supplied to us (except for your credit card information) will become public information and accordingly the Contractor opens himself/herself/itself up to the possibility that she/he/it may receive unsolicited contact from parties outside of the Website.  Furthermore, by providing such information to us, Contractor is requesting to be contacted by members of the public, and Contractor expressly consents to being contacted by us and by any members of the public via phone, fax, email, mail or other reasonable means, at any of Contractor’s contact numbers or addresses, even if Contractor is listed on any federal, state or provincial or other applicable “do not call” list.

 

No Guarantees

 

ContractorCommunity does not guarantee that any Contractors will receive any result attributed to their membership, including, without limitation, that Contractor will be hired by a User or that Contractor will get paid for services rendered to Users.

 

Testimonials, Ratings and Reviews

 

After utilizing the services of a Contractor, Users are invited to submit testimonials, ratings and reviews of the Contractor (collectively, the “Reviews”).  ContractorCommunity makes no investigation whatsoever of the authenticity, factual correctness or appropriateness of any Reviews.  ContractorCommunity reserves the right, but has no obligation, to edit, add, change or remove testimonials, ratings and reviews at any time in its sole discretion. 

 

Users agree to act responsibly when contributing to Reviews.  Users may be held legally responsible for damages suffered by Contractors or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory.  ContractorCommunity is not legally responsible for any feedback or comments posted or made available on the Website, even if that information is defamatory or otherwise legally actionable.

 

Contractors hereby acknowledge and agree that the Website may contain public feedback about them from Users and that such Reviews may contain negative information, be exaggerations or even be completely erroneous.  

 

General

 

ContractorCommunity reserves the right to restrict anyone’s access to the Website whom ContractorCommunity believes, in its sole discretion, represents inappropriate, unprofessional, unlawful or unreasonable use of the Website.

 

ContractorCommunity reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ContractorCommunity’s sole discretion.

Modifications to Service

 

ContractorCommunity reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  You agree that ContractorCommunity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

Rules of Conduct

 

You agree to be responsible for your own postings and will use the Website in accordance with all applicable laws. You further agree that you will make no postings to the Website that involve any of the following:

 

• Offering of securities for sale, barter or exchange
• Content that harasses, defames, threatens, stalks or violates the legal rights of others
• Statements that are bigoted, hateful or racially offensive
• Content that discusses illegal activities with the intent to commit them
• Content that impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity
• Content that infringes another's intellectual property, including, but not limited to, trade secrets, trademarks and copyrights of any type whatsoever
• Content that contains obscene , sexually explicit, or vulgar language or images
• Conducting of contests, distributing chain letters, or conducting “pyramid schemes” or “multi-level marketing” schemes
• Content that violates any applicable local, state, national or international law in connection with your use of the website.  This includes, among other things ,and securities laws or regulations; or
• Reviews that artificially raise or lower the level of testimonials, ratings and reviews of Contractors.

 

Additionally, you will not take any action that imposes or may impose (in our sole discretion) an unreasonable load on our infrastructure; copy reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Website) from the Website without the prior express written permission of the Website and the appropriate third party, as applicable; interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website; or bypass any measures we may use to prevent or restrict access to the Website or any subparts of the Website.

 

Licenses

 

In consideration for your agreement to these Terms of Use, ContractorCommunity grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Website. You may access the material on the Website only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information obtained from the Website is permissible rests with you.

 

By posting to or otherwise engaging in any communication within the Website, you are granting to us the Website (or any of our assignees) a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such plan, opportunity, message, files or communication.

 

Privacy Policy

 

The data collected by ContractorCommunity through the Website is for the purpose of creating a directory of Contractors.  The Website does not sell, trade or rent your personal information to a third party without your consent.  You hereby consent that ContractorCommunity may from time to time send you offers through email or otherwise.

 

You consent that we may contact you regarding the directory services that we provide  and for the purpose of servicing or addressing matters regarding your account with us, whether before, during or following your membership.

 

You acknowledge and agree that ContractorCommunity does not control the privacy policy of third parties who batch or transfer information to our Website.  A third party may have a privacy policy that is different from ours.   In these instances, data that you submit to our service via a third party may be shared by that party.  Please be sure to review the privacy policies and terms of use of such third parties before you engage their sites.  

 

Should you have concerns or questions about our privacy practices, please contact us at:

customerservice@contractorcommunity.com

 

Or (650) 701-1700

 

Cookies

 

Some parts of the Website may use cookies to track traffic patterns by visitors to our Website.  We do this in order to determine the usefulness of our information to visitors and to see how effective our navigational structure is in helping them reach that information.  ContractorCommunity does not correlate this information with data about individual visitors, nor does it share this information or sell it to any third party.  If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence.  You can also refuse all cookies by turning them off in your browser.  Disabling cookies may limit your ability to gain full use of the Website.

 

Limitation of Use

 

Although we do not routinely monitor the content of the Website, we reserve the right to remove material from the Website, block your access as we deem appropriate, or take other action with respect to the content in our sole discretion, although we are under no obligation to do so.

 

Disputes between Contractors and Users

 

Any disputes in connection with Contractors and Users remain solely between such Contractors and Users.  You expressly agree that in no event will ContractorCommunity be a party to any such dispute.  In no event will ContractorCommunity be obligated to take any action or to refrain from taking any other action toward resolving any such dispute. 

 

Release of ContractorCommunity

 

If you have a dispute with one or more Users or Contractors, you release us (and our officers, directors, agents, employees, and shareholders) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code Section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

No Agency

 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to be created by these Terms of Use.

 

Choice of Law/Forum

 

You agree that any dispute with ContractorCommunity arising out of or relating to these Terms of Use or any content posted to the Website, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute.

 

Disclaimer of Warranty/Limitation of Liability

 

THE WEBSITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

 

ContractorCommunity does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy, completeness or suitability of any content contained on the Website or of content accessible through links available on the Website.  ContractorCommunity does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components. Use of information obtained from or through the Website is at your own risk.

 

YOU AGREE THAT CONTRACTORCOMMUNITY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE WEBSITE OR ANY LINKS CONTAINED THEREIN, OR TO YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR THROUGH LINKS CONTAINED ON THE WEBSITE.  IN PARTICULAR, THE WEBSITE WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY LINKS CONTAINED THREIN, OR YOUR PURCHASES OF ANYTHING AT OTHER WEBSITES WHICH ARE LINKED WITHIN THE WEBSITE, OR YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, OR THROUGH LINKS CONTAINED ON THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

 

Trademarks

 

“ContractorCommunity”, “ContractorCommunity.Com”, “Viewbio.com, and “ContractorCommunity.Net”  are trademarks of ContractorCommunity.  All other proprietary tools within the Website are trademarks of ContractorCommunity.  All other brands and names are the property of their respective owners.  All graphics on the Website are trademarks of ContractorCommunity.  Use, reproduction, copying or redistribution of trademarks, without the written permission of ContractorCommunity, is prohibited. All other trademarks or service marks appearing on the Websites are the marks of their respective owners.

 

Reporting Violations

 

If you believe that any use of the Website violates these Terms of Use, we encourage you to contact us by email at customerservice@contractorcommmunity.com. ContractorCommunity cannot guarantee that any action will be taken as a result of your email.

 

Unauthorized Use

 

Unauthorized use of the Website in connection with these Terms of Use may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

 

Indemnification

 

You agree to defend, hold harmless and indemnify ContractorCommunity from and against any and all losses, costs, expenses, damages or other liabilities incurred by ContractorCommunity from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against ContractorCommunity: (a) in connection with your use of the Website including, without limitation, any payment obligations incurred through use of the Website; or (b) resulting from: (i) your use of the Website (ii) your decision to supply credit information via the Website, including, without limitation, personal financial information; (iii) your decision to submit postings and accept offers from Users; (iv) any breach of contract or other claims made by Contractors or Users (as applicable) with which you conducted business; (v) your breach of any provision of these Terms of Use; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any user of the Website; (viii) any act or omission of yours with respect to the payment of fees to any Contractor; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a User. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense.

 

Government Reporting

 

We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

 

Integration

 

These Terms of Use constitute the entire agreement between you and us and any ContractorCommunity-affiliated persons or parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

 

Successors and Assigns

 

These Terms of Use inure to the benefit of ContractorCommunity’s successors, assigns and licensees. If any provision of these Terms of Use are deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction, then that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.  The failure of ContractorCommunity to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

Outages

 

You acknowledge and agree that the Website will experience outages from time to time during which users of the Website may be unable to fully access or utilize the features of the Website.   

 

Termination Process

 

You may terminate your membership and/or subscription at any time, for any reason.  To terminate service, select Billing Information and then choose Cancel Membership.  If you terminate your membership and/or subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination).  Following the termination of your membership, we may keep your name and contact information for our internal record-keeping and reserve the right to contact you in connection with your past membership or use of the Website, if we believe such contact is appropriate.