Visitor Use Agreement

USE OF OUR WEBSITE AND THE INFORMATION CONTAINED THEREIN IS SUBJECT TO THIS VISITOR USE AGREEMENT WHICH IS A BINDING CONTRACT. PLEASE READ THIS AGREEMENT CAREFULLY. This Website and the information provided are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Visitor Use Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Contractors.com, its officers, directors, employees, parent company, affiliates, and agents (collectively referred to as “We”, “Us”, and “Our”) reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE.

Proprietary Rights and Permitted Use

The Website is the sole and exclusive property of contractors.com and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website other than as expressly authorized by contractors.com in writing. Use of the Website in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.

You hereby acknowledge and agree that, as between contractors.com and you, all right, title, and interest in and to the Website, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by contractors.com.

We grant you a limited use license and permission to access and make personal use of the information and content provided on this Website. You may display and print a single copy of pages of the Website information and content for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Website (other than your own "Visitor-Submitted Content," as described below).

So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by contractors.com, you are permitted to view and use the Website solely for your own use. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website and you will not use the Website and the information contained herein in any prohibited manner, as set forth below.

Prohibited Use

You may not download, store, distribute, reproduce, display, or transmit any portion of our information and content for any commercial purpose or modify or create derivative works from any portion of it, except with our prior written consent. You may not sell or resell any of the information and content on this Website or otherwise exploit any of the information or content of any portion of the Website for any commercial purpose.

You may not use our name (the words "contractors.com", “The Official Contractors Network”, or misspelling or typographical variation of those words, and whether alone or in conjunction with any other word or phrase), trademarks or service marks in any manner (including use in any metatags or any other "hidden text") without our prior written or e-mailed consent. Consent can be requested by contacting us at legal@reply.com

Additionally, you agree not to:
1. bypass or circumvent other measures employed to prevent or limit access to this Website or its content;
2. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
3. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written or e-mailed consent;
4. violate any applicable law or any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
5. threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
6. send bulk emails, surveys, or other mass messaging, whether commercial in nature or not, or engage in keyword spamming;
7. solicit personal information from minors, or submit or transmit pornography.

Reviews, Comments and Other Submissions

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, (collectively, "Submissions"), you (a) grant us and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant us and our affiliates and sub-licensees the right to use the name that you submit in connection with such Submission, if we choose. However, you acknowledge that we may choose to provide attribution of your comments or reviews, and any portion thereof, at our discretion. You further grant us the right to pursue at law any person or entity that violates your rights or our rights in the Submissions by a breach of this Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

Without limitation of any of the rights granted to contractors.com herein, you acknowledge and agree that We may preserve and disclose your personal information and/or any User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of contractors.com, any individual, or the public.

You are fully responsible for the content of your Submissions, (including, but not limited to reviews, graphics, logos, photographs, images, illustrations, audio and video posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that we have the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same individual or entity, only your most recent submission is eligible for use.

We reserve the right to remove, screen, edit, or reinstate Submissions from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Submission, nor do we guarantee any confidentiality with respect to your Submission.

Any violation of the forgoing will terminate the permission and use license granted by us to access and make use of our Website.

We are under no obligation to enforce the Visitor’s Agreement on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Visitor’s Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.

Links to Other Websites and Search Results

The Website may contain links to websites operated by other parties. Contractors.com and its advertisers provide these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of contractors.com, and we are not responsible for the content available on these third party sites. Such links do not imply Our endorsement of information or material on any other site and We disclaim all liability with regard to your access to and use of such linked websites.

The Website may provide search results that include third party content, including references to third party goods or services. You acknowledge and agree that such third party content belongs to Our advertisers, and that We have no control over such content or the information contained therein. References to third party goods or services do not imply Our endorsement of those goods or services, and We disclaim all liability with regard to your access to and use of such material.

Links to the Website or Website Content

Unless otherwise set forth in a written agreement between you and contractors.com, you must adhere to Our linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of contractors.com, (ii) unless you are part of Our official network, the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with contractors.com, (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking Website, and (iv) contractors.com reserves the right to revoke its consent to the link at any time and in its sole discretion. This paragraph applies to links to any page on the Website and/or any content available on or through the Website, including without limitation any of Our widgets.

Trademarks

The Contractors.com, The Official Contractor Network™ name and logo and contractors.com® and related names and logos are trademarks/service marks of contractors.com, and/or our parent company. Unauthorized use of any of Our trademarks, service mark or logos may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references may not necessarily constitute or imply affiliation with, endorsement, or recommendation of contractors.com by the respective trademark owners.

Communications with Third Parties

Your dealings or communications through the Website with any party other than contractors.com are solely between you and that third party. Under no circumstances will contractors.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

No Professional Advice

You acknowledge that contractors.com does not provide professional advice, and you agree that you will not use the Website as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal or other professional.

Warranty Disclaimer

THE WEBSITE AND THE INFORMATION CONTAINED HEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE INFORMATION CONTAINED HEREIN AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE INFORMATION HEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limit of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND INFORMATION, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Notice of Claims for Copyright Infringement; Copyright Policy

If you are a copyright owner or agent thereof and believe that content posted on the Website by one of our users infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Website containing the material that you claim is infringing; (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 can be reached by mail at: contractors.com, ATTN: GENERAL COUNSEL, 12667 Alcosta Blvd., 2nd Floor, San Ramon, CA 94583.

Children

The Website is not directed toward children under 13 years of age nor do we knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to the Website.

Privacy

Please click here to review our current Privacy Policy, which also governs your use of our Website: Privacy

Dispute Resolution and Governing Law

Binding Arbitration. If you and contractors.com are unable to resolve any controversy or claim related to this Agreement (each a "Dispute"), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Restrictions. You and contractors.com agree that any arbitration shall be limited to the Dispute between contractors.com and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration. You and contractors.com agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of Our intellectual property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt.

Location. Any arbitration will take place in San Ramon, California. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), shall be decided by a court of competent jurisdiction within Contra Costa County, California, and you and contractors.com hereby submit to the personal jurisdiction of that court.

Governing Law. Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of Delaware, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

Google Content

Your use of certain content provided by Google Maps may be subject to other provisions and notices set forth at: http://maps.google.com/help/terms_maps.html and http://maps.google.com/help/legalnotices_maps.html.

Please direct any questions you may have about the Visitor Use Agreement, or any other legal matters, to the following e-mail address: legal@reply.com