YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE
BOUND BY THESE TERMS AND CONDITIONS OF USE.
This web site, including all of its features and
content (this “Web Site”) is a service made available by LOCAL
CONTRACTOR NEAR MEand its affiliates (“Provider”) and all content,
information, services and software ordered or provided on or through this Web
Site (“Content”) may be used solely under the following terms and
conditions (“Terms of Use”).
1. Web Site Limited License. As a user of this
Web Site you are granted a nonexclusive, nontransferable, revocable, limited
license to access and use this Web Site and Content in accordance with these
Terms of Use. The provider may terminate this license at any time for any
reason.
2. Payments. Your ads will be posted on our
websites for 12-months from the date of your signup. This 12-month setup cost
is a one-time signup fee, billed once, there will be NO monthly recurring
charges. There is no hidden cost for the leads you receive or limit on the
number of estimate requests you receive per month. Unless authorized by you
there will be NO surprise billing on any of our features, this is an
all-inclusive 12-month package.
3. Advertisers. This Web Site and its affiliate
websites are primarily used for providing leads to contractors. It contains
contractor advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material they submit for inclusion on this Web
Site is accurate and complies with applicable laws. The provider will not be responsible
for the illegality of or any error or inaccuracy in advertisers’ or sponsors’
materials or for the acts or omissions of advertisers and sponsors.
4. Intellectual Property Rights.
4.1 To provide more exposure to your company,
your ads may be posted on 3rd party affiliate website for no extra charge to
you. The provider will have the exclusive right to put your banner ads on such
affiliate websites to help acquire leads for your company. If for any reason
advertiser would like to be excluded from such affiliate marketing, an
advertiser can opt-out at any given point using online user account.
4.2 Except as expressly provided in these Terms
of Use, nothing contained herein shall be construed as conferring on you or any
third party any license or right, by implication, estoppel or otherwise, under
any law (whether common law or statutory law), rule or regulation including,
without limitation those related to copyright or other intellectual property
rights. You agree that the Content and Web Site are protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. For
further information see Copyright.
4.3 This Web site contains interactive areas
which includes, without limitation, any blogs, wikis, bulletin boards, discussion
boards, chat rooms, email forums, and question and answer features (the
“Interactive Areas”). You grant to Provider an irrevocable,
non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use
of and have used on its behalf any ideas, expression of ideas, text, graphics,
messages, blogs, links, data, information and other materials you submit
(collectively, “Postings”) to this Web Site. Said license is without
restrictions of any kind and without any payment due from Provider to you or
permission or notification, to you or any third party. The license includes the
right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative
works from, combine with other works, translate, distribute, display, perform
and sublicense Postings in any form, medium, or technology now known or
hereafter developed.
4.4 You certify and warrant that the Postings:
(i) are your original works or that the owner of such works has expressly
granted to Provider a perpetual worldwide royalty-free irrevocable,
non-exclusive license for said works with all of the rights granted by you in
section 4.1 of these Terms of Use and (ii) do not violate and will not violate
the rights of any third party including any right of publicity, right of
privacy , copyright, patent or other intellectual property right or any
proprietary right.
4.5 You acknowledge and agree that your posting
submissions to this Web Site do not create any new or alter any existing
relationship between you and Provider.
4.6 If you have submitted a photo to your
profile, you agree that this photo may be included in the Interactive Areas,
including with your Postings. If you have not submitted a photo then Provider
may, but is not obligated to, display a stock photo or relevant legal image
with your Postings. You hereby consent to the use of such stock photos or
images in the Interactive Areas which are used to help with acquiring leads for
your company.
4.7 By submitting Postings to this Web Site, you
acknowledge and agree that Provider may create on its own ideas that may be, or
may obtain submissions that may be, similar or identical to Postings you submit
for marketing your services. You agree that you shall have no recourse against
Provider for any alleged or actual infringement or misappropriation of any
proprietary or other rights in the Postings you provide to Provider.
5. Limitations on Use; Third Party
Communications.
5.1 Limitations on Use. While you receive leads
from our network, your access to customer’s content, details or contact
information from this Web Site is for your personal use only and not for
commercial exploitation. Notwithstanding the foregoing and to the extent this
Web Site provides electronic commerce, such buying opportunities may be made
available for group as well as personal purchasing, so long as you are
authorized to make purchases on behalf of such group. You may not use the
Content to determine a consumer’s eligibility for: (a) credit or insurance for
personal, family, or household purposes; (b) employment; or (c) a government
license or benefit. You may not decompile, reverse engineer, disassemble, rent,
lease, loan, sell, sublicense, or create derivative works from this Web Site or
the Content. Nor may you use any network monitoring or discovery software to
determine the site architecture, or extract information about usage, individual
identities or users. You may not use any robot, spider, other automatic
software or device, or manual process to monitor or copy our Web Site or the
Content without Provider’s prior written permission. You may not use this Web
Site to transmit any false, misleading, fraudulent or illegal communications.
You may not copy, modify, reproduce, republish, distribute, display, or
transmit for commercial, non-profit or public purposes all or any portion of
this Web Site, except to the extent permitted above. You may not use or
otherwise export or re-export this Web Site or any portion thereof, or the
Content in violation of the export control laws and regulations of the United States
of America. Any unauthorized use of this Web Site or its Content is prohibited.
5.2 Third Party Communications. Provider
disclaims all liability for any Third Party Communications you may receive or
any actions you may take or refrain from taking as a result of any Third Party
Communications. You are solely responsible for assessing and verifying the
identity and trustworthiness of the source and content of any Third Party
Communications. Provider assumes no responsibility for verifying, and makes no representations
or warranties regarding, the identity or trustworthiness of the source or
content of any Third Party Communications. As used herein, “Third Party
Communications” means any communications directed to you from any third
party directly or indirectly in connection with this Web Site.
6. Registration. You agree to provide accurate
and complete registration information. It is your responsibility to inform
Provider of any changes to that information. Each registration is for a single
individual or company only, unless specifically designated otherwise on the
registration page. Provider does not permit a) anyone other than you to use the
sections requiring registration by using your name or password; or b) access
through a single name being made available to multiple users on a network or
otherwise. You are responsible for preventing such unauthorized use. If you
believe there has been unauthorized use, you must notify Provider immediately
by emailing or faxing us.
Membership Expiration Date and Automatic
Renewals (recurring billing policy)
Your access to this lead generation network is
valid for the full duration of the length of the membership plan you have
selected. Subscriptions automatically renew until canceled. You may cancel your
subscription at any time by signing in to your account and canceling it or by
emailing or calling us. You will be automatically re-billed under the terms of
your subscription. Your account will remain active until the current term has
expired (unless you include a membership refund request, in which case your
ability to log-in will be immediately terminated).
7. Digital Millennium Copyright Act –
Notification of Alleged Copyright Infringement. Provider reserves the right to
remove any Content that allegedly infringes another person’s copyright. The
provider will terminate, in appropriate circumstances, subscribers and account
holders of Provider’s system or network who are repeat infringers of another
person’s copyright. Notices to Provider regarding any alleged copyright
infringement should be directed via EMAIL AT ADMIN@LOCALCONTRACTORNEARME.COM or
via email through the website’s contact us link.
8. Linking to this Web Site. You may provide
links to this Web Site, provided that (a) you do not remove or obscure, by
framing or otherwise, any portion of this Web Site, including any
advertisements, terms of use, copyright notice, and other notices on this Web
Site, (b) you immediately deactivate and discontinue providing links to this
Web Site if requested by Provider, and (c) Provider may deactivate any link(s)
at its discretion.
9. Postings in Interactive Areas of this Web
Site.
9.1. Postings to be Lawful. If you participate
in Interactive Areas on this Web Site, you shall not post, publish, upload or
distribute any Postings which are unlawful or abusive in any way, including,
but not limited to, any Postings that are defamatory, libelous, pornographic,
obscene, threatening, invasive of privacy or publicity rights, inclusive of
hate speech, or would constitute or encourage a criminal offense, violate the
rights of any party, or give rise to liability or violate any local, state,
federal or international law, or the regulations of the U.S. Securities and
Exchange Commission, any rules of any securities exchange such as the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, either
intentionally or unintentionally. The provider may delete your Postings at any
time for any reason without permission from you.
9.2. Postings to be in Your Name. Your Postings
shall be accompanied by your real name and shall not be posted anonymously.
Notwithstanding the previous sentence, if the applicable registration page for
your participation in any of the Interactive Areas allows you to create a
screen name, you may also select and use an appropriate screen name that is not
your real name, provided that you use your real name when registering for
participation in the Interactive Area and contractors agree their real name may
always be posted. Participants in Interactive Areas shall not misrepresent
their identity or their affiliation with any person or entity.
9.3. Postings shall not contain protected health
information. You are strictly prohibited from submitting Postings that are
considered protected health information under the Health Accountability and
Portability Protection Act of 1996 (HIPAA) or the Health Information Technology
for Economic and Clinical Health Act of 2009 (HITECH).
9.4. No Monitoring of Postings. Provider has no
obligation to monitor or screen Postings and is not responsible for the content
in such Postings or any content linked to or from such Postings. Provider
however reserves the right, in its sole discretion, to monitor Interactive
Areas, screen Postings, edit Postings, cause Postings not to be posted,
published, uploaded or distributed, and remove Postings, at any time and for
any reason or no reason.
9.5. Non-Commercial Use only of Interactive
Areas. Interactive Areas are provided solely for your personal use. Any
unauthorized use of the Interactive Areas of this Web Site, its Content, or
Postings is expressly prohibited.
10. No Solicitation. You shall not distribute on
or through this Web Site any Postings containing any advertising, promotion,
solicitation for goods, services or funds or solicitation for others to become
members of any enterprise or organization without the express written
permission of Provider. Notwithstanding the foregoing, in any interactive areas
of this Web Site, where appropriate you a) may list along with your name,
address and email address, your own web site’s URL and b) may recommend third
party websites, goods or services so long as you have no financial interest in
and receive no direct or indirect benefit from such recommended web site,
product or service or its recommendation. In no event may any person or entity
solicit anyone with data retrieved from this Web Site. NO PORNOGRAPHIC IMAGES PERMITTED.
11. Errors and Corrections. Provider does not
represent or warrant that this Web Site or the Content or Postings will be
error-free, free of viruses or other harmful components, or that defects will
be corrected or that it will always be accessible. Provider does not warrant or
represent that the Content or Postings available on or through this Web Site
will be correct, accurate, timely, or otherwise reliable. Provider may make
improvements and/or changes to its features, functionality or Content or
Postings at any time.
12. Third Party Content. Third party content
(including, without limitation, Postings) may appear on this Web Site or may be
accessible via links from this Web Site. Provider shall not be responsible for
and assumes no liability for any infringement, mistakes, misstatements of law,
defamation, slander, libel, omissions, falsehood, obscenity, pornography or
profanity in the statements, opinions, representations or any other form of
content contained in any third party content appearing on this Web Site. You
understand that the information and opinions in the third party content is
neither endorsed by nor does it reflect the belief or opinion of Provider. Further,
information and opinions provided by employees and agents of Provider in
Interactive Areas are not necessarily endorsed by Provider and do not
necessarily represent the beliefs and opinions of Provider.
13. Professional Ethics Notice; Posting Rules.
If you are a contractor participating in any aspect of this Web Site, including
but not limited to Interactive Areas, a) you agree not to provide any illegal
or professional advice (e.g refrigerant/gas installation to homeowners) in any
of your Postings and to draft Postings which are appropriate, educational, and
in accordance with professional ethics requirements, b) you represent and
warrant that you are a contractor in good standing with a license in at least
one of the 50 United States of America or the District of Columbia, c) you
agree to promptly notify Provider of any grievance, claim, reprimand, or
censure brought against you, as well as resignation or other loss of license,
d) you acknowledge that the Rules of Professional Conduct of the jurisdictions
where you are licensed (“Rules”) apply to all aspects of your
participation and that you will abide by these Rules. These Rules include, but
are not limited to, the rules relating to advertising, solicitation of clients,
rules regarding the establishment of company-client relationships, failure to
maintain client confidences, unauthorized practices, and misrepresentations of
fact. Provider disclaims all responsibility for your compliance with these
Rules. You further agree and acknowledge that when you participate in any of
the Interactive Areas on this Web Site, that you will not offer government
regulated advice, but will only provide general information. Provider highly
recommends that you include a disclaimer at the end of every Posting regarding
the aforementioned advertising and ethics issues. Provider will have no
liability to you arising out of or related to your compliance or noncompliance
with such laws and rules, or related to Provider’s inclusion or failure to
include a disclaimer in the Interactive Areas.
14. DISCLAIMER. THIS WEB SITE, THE INTERACTIVE
AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS
AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY,
CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY
WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE
AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL
INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY
THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED
THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR
OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE
AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS
WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE
OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE
AREAS, THE CONTENT, OR THE POSTINGS.
15. LIMITATION OF LIABILITY. PROVIDER SHALL NOT
BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND
RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE
INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE
INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONTRACTORS’
FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE
OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE
POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS.
THE LISTINGS IN THIS DIRECTORY HAVE NOT BEEN SCREENED, EVALUATED, TESTED
OR OTHERWISE. YOU USE THE LISTINGS AT
YOUR OWN RISK.
16. Indemnification. You agree to indemnify,
defend and hold Provider, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to this Web Site
harmless from and against all claims, losses, expenses, damages and costs,
including reasonable attorneys’ fees, resulting from any violation of these
Terms of Use by you or arising from or related to any Postings uploaded or submitted
by you.
17. Third Party Rights. The provisions of
paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16
(Indemnification) are for the benefit of Provider and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to this Web Site. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly against you on its
own behalf.
18. Unlawful Activity; Termination of Access.
Provider reserves the right to investigate complaints or reported violations of
our Terms of Use and to take any action we deem appropriate including but not
limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to user profiles,
e-mail addresses, usage history, posted materials, IP addresses and traffic
information. Provider may discontinue any party’s participation in any of the
Interactive Areas at any time for any reason or no reason.
19. Remedies for Violations. Provider reserves
the right to seek all remedies available at law and in equity for violations of
these Terms of Use, including but not limited to the right to block access from
a particular internet address to this Web Site and any other Provider web sites
and their features.
20. Governing Law and Jurisdiction. The Terms of
Use are governed by and construed in accordance with the laws of the State of TEXAS;
DENTON COUNTY and any action arising out of or relating to these terms shall be
filed only in state or federal courts located in DENTON COUNTY TEXAS and you
hereby consent and submit to the personal jurisdiction of such courts for the
purpose of litigating any such action.
21. Privacy. Your use of this Web Site is
subject to Provider’s Privacy Policy.
22. Additional Terms. Your use of our Online
Services, case law, legal forms and other related legal materials is also
governed by the General Terms and Conditions for Use of our Services, and
Supplemental Terms for Specific Materials, (collectively the “Provider
Services Terms”) which are provided during the registration process for
our Services, all of which are incorporated by reference herein. Your
completion of the registration process constitutes your acceptance of the
Provider Services Terms. If you do not agree with any Provider Services Terms,
you are not permitted to access our website or services.
23. Severability of Provisions. These Terms of
Use incorporate by reference any notices contained on this Web Site, the
Privacy Policy and the Provider Services Terms and constitute the entire
agreement with respect to access to and use of this Web Site, the Interactive
Areas, and the Content and Postings. If any provision of these Terms of Use is
unlawful, void or unenforceable, or conflicts with the Provider Services Terms
then that provision shall be deemed severable from the remaining provisions and
shall not affect their validity and enforceability. Notwithstanding anything to
the contrary in these Terms of Use, if you have a separate signed written
agreement with a Provider that applies to your use of any of that Provider’s
Content, that agreement constitutes the entire agreement between you and that
Provider with respect to the affected Content subject thereto (the
“Otherwise Covered Content”), and these Terms of Use shall be treated
as having no force or effect with respect to the Otherwise Covered Content.
24. Modifications to Terms of Use. Provider
reserves the right to change these Terms of Use at any time. Updated versions
of the Terms of Use will be emailed to all the advertisers, will appear on this
Web Site and will be effective immediately. You are responsible for regularly
reviewing the Terms of Use. Continued use of this Web Site after any such
changes constitutes your consent to such changes.
