Terms of Use Agreement
Welcome to our Web site. By using our site, you are agreeing
to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not
agree to these terms, you should not use this site. The
term findcontractorbids.com or us or we
or our refers to findcontractorbids.com LLC.,
the owner of the Web site. The term you refers
to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms
of Use Agreement with respect to our site findcontractorbibs.com
. This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings
with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and
you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The
posting of information or materials on the Site does not
constitute a waiver of any right in such information and
materials. Some of the content on the site is the copyrighted
work of third parties.
3. Service Marks.
"findcontractorbids.com" and others are our
service marks or registered service marks or trademarks.
Other product and company names mentioned on the Site
may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out
discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site
or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as Content
and Materials) therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted
by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any
Content and Materials retrieved therefrom; (b) use the Site
or any materials obtained from the Site to develop, of as
a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any
media now existing or hereafter developed), that is offered
for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in
any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site
available through any timesharing system, service bureau,
the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse
engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or
federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the
Site or any portion thereof, or any software available on
or through the Site, in violation of the export control
laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other
Web sites sample and actual forms, checklists, business
documents and legal documents (collectively, Documents).
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes,
without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided
for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or appropriateness.
The Documents are provided as is, as available,
and with all faults, and we and any provider
of the Documents disclaim any warranties, including but
not limited to the warranties of merchantability and fitness
for a particular purpose. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws
may require different or additional provisions to ensure
the desired result. You should consult with legal counsel
to determine the appropriate legal or business documents
necessary for your particular transactions, as the Documents
are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available
from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site
is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance
and no attorney-client relationship is formed. We do not
warrant or guarantee the accurateness, completeness, adequacy
or currency of the information contained in or linked to
the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are
not a law firm and the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b)
your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately
upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies
with applicable laws. We are not responsible for the illegality
or any error, inaccuracy or problem in the advertisers
or sponsors materials.
10. Registration.
Certain sections of, or offerings from, the Site may require
you to register. If registration is requested, you agree
to provide us with accurate, complete registration information.
Your registration must be done using your real name and
accurate information. Each registration is for your personal
use only and not on behalf of any other person or entity.
We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single
name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes
to the features, functionality or content of the Site at
any time. We reserve the right in our sole discretion to
edit or delete any documents, information or other content
appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and
assume no liability for any mistakes, misstatements of law,
defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations
or any other form of content on the Site. You understand
that the information and opinions in the third party content
represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement 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 your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information
and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related
to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information
or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for
any loss, injury, claim, liability, or damage of any kind
resulting in any way from (a) any errors in or omissions
from the Site or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Site or
any features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR
RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL
NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
( c ) findcontractorbids.com does not warranty, or guarantee
any work or services provided by contractors found from
this site. You should do complete background checks and
business history checks on all contractors before allowing
them to enter your home.
18. Use of Information.
We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses
by you and all information provided by you in any manner
consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by
you to us (collectively, a "Submission") will
forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable
for any ideas (including without limitation, product,
service or advertising ideas) and will not incur any liability
as a result of any similarities that may appear in our
future products, services or operations. Without limitation,
we will have exclusive ownership of all present and future
existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility
for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party
product or service providers ("Merchants") from
which you may purchase certain goods or services. You
understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that
use of or purchase from such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR
ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER
SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any
Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority
to make any representations or commitments on behalf of
the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time,
is a part of this Agreement. You must review this Privacy
Policy by clicking on this link.
22. Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information
you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as
well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are
forward-looking statements. These statements are based
upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond
our control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends,"
"will" and similar expressions are intended
to identify forward-looking statements designed to fall
within securities law safe harbors for forward-looking
statements. The Site and the information contained herein
does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings
or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by
us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we
ask you to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim
has been infringed;
c. A description of where the material that you claim
is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached by directing an
e-mail to the Copyright Agent at info@findcontractorbids.com
26. Information and Press Releases.
The Site contains information and press releases about
us. We disclaim any duty or obligation to update this
information or any press releases. Information about companies
other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed
by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of the Site and the Content and Materials provided
therein.
28. Refund and Return Policy.
Leads from this site to contractors are non-refundable.
29. Miscellaneous.
This Agreement shall be treated as though it were executed
and performed in Atlanta, Georgia, and shall be governed
by and construed in accordance with the laws of the State
of Georgia (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or
any information, Documents, products or services related
thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth
in Section 16 and Section 17. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly
for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned
by us in our sole discretion to a third party in the event
of an acquisition, sale or merger. Should any part of
this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to
enforce such provision. Our rights under this Agreement
shall survive any termination of this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out of or
relating to this Agreement or our services, excluding
legal action taken by us to collect or recover damages
for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled
solely by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim
shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall
be conducted in Atlanta, Georgia, and judgment on the
arbitration award may be entered into any court having
jurisdiction thereof. Either you or us may seek any interim
or preliminary relief from a court of competent jurisdiction
in Atlanta, Georgia necessary to protect the rights or
property of you and us pending the completion of arbitration.
Each party shall bear one-half of the arbitration fees
and costs incurred through JAMS.