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RateMyContractors.com
TERMS OF USE
This document sets forth the Terms of use for
RateMyContractors.com
For the purpose of this document the terms we, us, or our
refer to RateMyContractors.com
Age (YOU MUST BE 18 OR OLDER TO USE RATEMYCONTRACTORS.COM) You must be 18 years of age or older to use the RateMyContractors.com website.
Consent by Use (BY USING RATEMYCONTRACTORS.COM YOU ARE
CONSENTING TO THESE TERMS OF USE) By using the RateMyContractors.com website you acknowledge
that you are at least 18 years of age and you agree to be bound by these terms,
including binding arbitration provisions. If you do not agree with these
terms, you are not to use the website in any manner.
The Website (ALL CONTENT IS OWNED BY
RateMyContractors.com) The website encompasses all ratemycontractor.com web pages, including
without limitation all content, materials, information, etc. along with all
website services provided through such web pages. The website, including all
content, logos or images, is protected by copyright, trademark, patent, trade
secret, and other laws and is the sole property of ratemycontractors.com.
Links
to external sites (CONTENT CONTAINED BY CLICKING ON 3rd PARTY LINKS
IS NOT OUR RESONSIBLITY) RateMyContractors.com may contain 3rd party links, links
which lead to external (outside our control) websites. RateMyContractors.com
is not responsible in any way for any content on external sites or linked
sites.
Truth in Registering (YOU MUST BE TRUTHFUL IN THE
INFORMATION PROVIDED WHEN REGISTERING) If you elect to join RateMyContractors.com, you may be
required to enter certain information, including without limitation personal
information. You
agree to provide RateMyContractors.com with correct Information, and to update
your information when it changes as soon as reasonably possible.
Protect your Account (YOU ARE RESPONSIBLE FOR THE
PROTECTION OF YOUR ACCOUNT). You are responsible for maintaining the confidentiality
of your account and password, if any, and for restricting access to your
computer. You accept full responsibility and liability for all activities that
occur under your account or password. RateMyContractors.com reserves the right
to refuse service, terminate accounts, or remove content in its sole
discretion. For certain services, you may be required to register; as part of
the registration process, you must select a user name. The information that you
supply during any registration process must be accurate and complete and you
agree to not (1) register under the name of another person; (2) choose a user
name we consider offensive; or (3) choose a user name for the purposes of
deceiving your true identity. You also agree to not impersonate any other person.
Account Breach (YOU MUST NOTIFY US IMMEDIATELY IF YOUR ACCOUNT HAS BEEN
BREACH OR IF YOU SUSPECT IT HAS BEEN BREACHED) You shall notify
RateMyContractors.com immediately of any unauthorized use or threat of
unauthorized use of your account.
Exercise Caution (DONT PROVIDE YOUR PRIVATE INFORMATION
TO OTHERS) Always
exercise caution when giving out any personally identifying information.
Change to Terms (COME BACK OFTEN, THESE TERMS CAN CHANCE AT ANYTIME) RateMyContractors.com can change these terms at any time without notification to you. It is your responsibility to frequently visit the Terms of Use. By continuing to use the website you are agreeing to the Terms of Use.
Appropriate
Use (BEHAVE)
By using
RateMyContractors.com you agree that:
- Your
use is for personal, non-commercial purposes
- You
will not post content that is intentionally malicious or offensive
- You
will not advertise or promote any goods/services unless authorized to do
so by RateMyContractors.com
- You
will not post any content that discusses illegal activities with the
intent to comment them
- You
will not intentionally try to impede with the websites performance by
overburdening it with unnecessary requests or other taxing activities
- You will not violate any applicable laws or regulations, or violate these Terms of Use.
- You
will not access or attempt to access someone elses account
- You
will not upload content that is not yours or violates another persons
privacy.
Website
Monitoring (WHILE IT IS NOT OUR RESPONSIBILITY TO MONITOR WE MAY AND REMOVE
YOUR CONTENT OR EVEN YOUR ACCOUNT) RateMyContractors.com is not obligated to monitor the
site. All content provided by you becomes the property of
RateMyContractors.com and as such can be removed at any time. This includes
your user account. RateMyContractors.com does not have to provide notice or
reason for account termination. You agree that if terminated for any reason,
you will no longer visit/use RateMyContractors.com
Information
Disclosure (WELL TELL IF WE ARE LEGALLY CALLED UPON TO DO SO) RateMyContractors.com reserves the
right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request.
RateMyContractors.com reserves the right to edit, refuse to post or to remove
any information or materials, in whole or in part, at our discretion if we believe you have
violated these Terms of Use.
Ratings (THE
RATINGS YOU PROVIDE ARE PROVIDED FOR FREE AND WHILE THEY ARE YOURS WERE GOING
TO SHARE THEM) RateMyContractors.com
does not claim ownership to the ratings you provide, however by rating you are
granting RateMyContractors.com a non-exclusive, royalty-free, perpetual,
irrevocable and fully assignable and sublicenseable license in and to such
submissions.
RateMyContractors.com has the right to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your submissions, with or without attribution, and allow other Site
users to do so as well. Where feasible, we will generally strive to provide
attribution in the event we use submissions. By rating you represent that you
own all rights to what you post.
Representation and Warranty Disclaimer THIS SITE, AND ALL MATERIALS,
PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR
USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE
OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible
or liable for any malicious code, delays, inaccuracies, errors, or omissions
arising out of your use of the Site. You understand, acknowledge and agree that
you are assuming the entire risk as to the quality, accuracy, performance,
timeliness, adequacy, completeness, correctness, authenticity, security and
validity of any and all features and functions of the Site, including, without
limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
RATEMYCONTRACTORS.COM, ANY AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR
SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR
INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in
this Agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or
damage shall be to have RateMyContractors.com, upon written notice from you to
us, attempt to repair, correct or replace any deficient goods or services under
this Agreement and, if repair, correction or replacement is not reasonably
commercially practicable for RateMyContractors.com, to refund any monies
actually paid by you and to terminate and discontinue your use of the Site. You
further understand and acknowledge the capacity of the Site, in the aggregate
and for each user, is limited. Consequently some messages and transmissions may
not be processed in a timely fashion or at all, and some features or functions
may be restricted or delayed or become completely inoperable. As a result, you
acknowledge and agree that RateMyContractors.com assume no liability,
responsibility or obligation to transmit, process, store, receive or deliver
transactions or Postings or for any failure or delay associated with any Postings
and you are hereby expressly advised not to rely upon the timeliness or
performance of the Site for any transactions or Postings. Some jurisdictions do
not allow for the exclusion of certain warranties or certain limitations on
damages and remedies, accordingly some of the exclusions and limitations
described in this Agreement may not apply to you.
Indemnification You agree to indemnify, defend and hold the
RateMyContractors.com, its parent owner, and any of their Affiliates, or any of
their successors and assigns, and any of their respective officers, directors,
employees, agents, representatives, licensors, Advertisers, suppliers, and
operational service providers harmless from and against any and all claims,
actions, losses, expenses, damages and costs (including reasonable attorneys'
fees), resulting from any breach or violation of this Agreement by you, or
public posting of your Postings.
RateMyContractors.com reserves the right to assume, at its sole expense, the
exclusive defense and control of any such claim or action and all negotiations
for settlement or compromise, and you agree to fully cooperate with
RateMyContractors.com in the defense of any such claim, action, settlement or
compromise negotiations, as requested by RateMyContractors.com.
Dispute
Resolution (Arbitration Clause) You agree to submit to binding arbitration in the event of
any dispute, controversy or claim arising out of or in connection with these Terms, your or
RateMyContractors.com rights and obligations under these Terms, the Site, the
use of the Site, and/or the information, services and/or products that may be
provided by or through or in connection with the Site. The arbitration will be
held in
Arbitration
Final The
arbitrator's award is final and binding on all parties. The Federal Arbitration
Act, and not any state law concerning arbitration, governs all arbitration
under this clause. Any court having jurisdiction may enter judgment on the
arbitrator's award. If any part of this clause, other than waivers of class
action rights, is deemed or found to be unenforceable for any reason, the
remainder shall remain enforceable. Notwithstanding anything to the contrary
contained herein, if the waiver of class action rights contained herein is not
enforceable as to any person or persons, such non-enforceability shall apply to
such person or persons only, and all other persons shall continue to be
governed by the Arbitration Clause.
To the maximum extent permitted by law, these Terms are governed by the laws of
the State of New Jersey, excluding any law or conflicts of law principle that
would apply the law of another jurisdiction.
Claim
of Copyright Infringement RateMyContractors.com will investigate notices of copyright
infringement and take appropriate actions. Please send written notification of claimed
copyright infringement to RateMyContractors.comusing the following contact information:
RateMyContractors.com
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
General
You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and RateMyContractors.com as a result of these Terms or use of the Site.
Privacy
Policy By using
the Site, you also consent to RateMyContractors.com use and disclosure of information
about you in accordance with any privacy policy posted by
RateMyContractors.com, which is a part of these Terms, without any further notice or any liability to
you or any other person.
Support Unless otherwise agreed in writing by you and RateMyContractors.com, there is no obligation on our part to provide, any support, consulting, interpretation, training or assistance of any kind to you, including without limitation support relating to use, operation and/or performance of the Site.
Viewing
Outside the
Any
disputes or claims must be filed in the