TERMS OF USE
Last Updated: January 7th, 2010
Welcome to ContractorGallery.com. These Terms of Use and any documents or web pages referenced herein (collectively the “Agreement”) contain the complete agreement between you (“you” or “user”) and Home Service Network, LLC. (“ContractorGallery.com,” “our” or “we”) concerning your use of the ContractorGallery.com web site, including without limitation, all content, information, services and tools contained therein, (collectively the “Web Site”).
1. ACKNOWLEDGEMENT
By accessing or using the Web Site, you agree to abide by this Agreement, as it may be amended by ContractorGallery.com from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and ContractorGallery.com. In addition, when visiting or using certain ContractorGallery.com owned or operated Web Sites, you shall be subject to any posted agreements, guidelines, rules or terms of service. All such agreements, guidelines, rules or terms of service, as they may be amended by ContractorGallery.com from time to time in its sole discretion, are hereby incorporated by reference into this Agreement. It is your responsibility to review this Agreement periodically, and if at any time you find this Agreement unacceptable, you must immediately leave and cease all use of the Web Site.
2. CONTRACTORGALLERY.COM SERVICES
The Web Site provides a quick and easy way for homeowners (“Homeowners”) to obtain and compare quotes for home projects and repairs from home service providers (“Contractors”) that may be rated by Homeowners. (Homeowners and Contractors are collectively referred to as “you” or “user” hereinafter.) Homeowners can contact Contractors through the Web Site to get quotes and ask questions. The Web Site is free to Homeowners and Contractors. Homeowners are not required to use any Contractors that respond to Homeowners’ requests.
3. REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Web Site, you represent and warrant that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 18 years of age; and you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site and any related activities. Children 14 years of age and older may only use the Web Site if (a) their parent or legal guardian has agreed to the terms of this Agreement; and (b) their use is permitted and supervised by their parent or legal guardian. If you open an account to enhance your use of the Web Site, you must: (x) complete the registration process by providing true, accurate and complete information requested on the registration form (“Registration Data”); (y) maintain the accuracy of the Registration Data; and (z) provide a user name and password. You are entirely responsible for the confidentiality and use of your user name and password. You may not use the account, username, or password of someone else at any time. You are responsible for all electronic communications, including account registration and other account holder information, email, financial and other content (“Electronic Communications”) entered through or under your user name and password. ContractorGallery.com will act as though any Electronic Communications it receives under your user name and password will have been authorized by you. You agree to notify ContractorGallery.com immediately of any unauthorized use of your account, user name, or password.
4. ESTIMATES AND QUOTES
Contractors may not charge Homeowners for quotes provided through the Web Site, however, some Contractors may charge Homeowners for a service call to go to the Homeowners property. Homeowners should ask Contractors if there are any service call charges or any other charges before requesting a Contractor’s services. Contractors using the Web Site must inform the inquiring Homeowner of any service call charges or any other charges before providing any services whatsoever. Contractors reserve the right to refuse to issue a response to any quote request submitted by a Homeowner through the Web Site. By submitting a quote request on the Web Site you authorize ContractorGallery.com to transmit all relevant information, including without limitation, name, address, phone number, email address and project description to Contractors, and if no appropriate Contractor is available in your immediate vicinity, to other third parties.
5. RATINGS, TESTIMONIALS, FEEDBACK AND OTHER USER CONTENT
Homeowners who utilize the services of Contractors listed on the Web Site are encouraged to offer testimonials, feedback, and ratings (collectively “Feedback”) of the services rendered. Homeowners may submit Feedback once per project, per contractor. Homeowners may submit Feedback only for those Contractors found on the Web Site. Homeowners may not submit Feedback on behalf of another user. Contractors may not submit Feedback on themselves or on other Contractors. Feedback that does not follow these terms and conditions may be removed at the sole discretion of ContractorGallery.com. ContractorGallery.com does not review, verify, or authenticate any Feedback before it is posted on the Web Site. Contractors will be notified of any Feedback submitted by Homeowners. Contractors may contest Feedback that they believe is inaccurate; provided that only factual information may be disputed and such dispute must be received by ContractorsGallery.com within six (6) months of posting. The resolution of disputed Feedback shall be at ContractorGallery.com’s sole discretion.
You retain all of your ownership rights in your User Content (as defined below). However, by submitting, posting, downloading, displaying, performing, transmitting, or otherwise distributing information, Feedback or other content (“User Content”) to an area of the Web Site that is intended by ContractorGallery.com to be publicly accessible, including without limitation any bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to exchange photographs, videos, thoughts and/or opinions with other members of the public, you are: (i) granting ContractorGallery.com, and its affiliates, a worldwide, royalty-free, perpetual, sublicensable, transferable, non-exclusive license to use the User Content in connection with the operation of ContractorGallery.com, and its affiliates, including without limitation, a right to use, host, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content; (ii) representing and warranting that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You will not be compensated for any User Content. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated.
You are solely responsible for all User Content that you upload or otherwise transmit via the Web Site, and for confirming the sufficiency and reliability of any User Content posted by others that you may use or rely upon. ContractorGallery.com does not control or endorse any User Content, or any opinion, recommendation, or advice expressed therein, uploaded or otherwise transmitted by you or other users via the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content. ContractorGallery.com expressly disclaims any liability in connection with User Content. ContractorGallery.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any User Content contained on the Web Site at any time for any reason with or without notice. Always use caution when posting any personally identifying information about yourself or your children on the Web Site.
YOU UNDERSTAND THAT WHEN USING THE CONTRACTORGALLERY.COM WEB SITE, YOU WILL BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES, AND THAT CONTRACTORGALLERY.COM IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST CONTRACTORGALLERY.COM WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD CONTRACTORGALLERY.COM, ITS OWNERS/OPERATORS, AFFILIATES, AND/OR LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEB SITE. You hereby waive California Civil Code §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."
6. CONTRACTOR SERVICES AND THIRD PARTY SITES
The Web Site allows Homeowners and Contractors to interact and may provide links to other web sites or resources. Your dealings with any Contractor, Homeowner, third party web site or third party found on or through the Web Site (collectively “Third Party”), including estimates, quotes, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. CONTRACTORGALLERY.COM MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE QUALIFICATIONS, CREDENTIALS, EXPERTISE, CREDIT WORTHINESS, ACCURACY OF INFORMATION, INSURANCE, LICENSURE, BOND, GOODS OR SERVICES PROVIDED BY SUCH THIRD PARTY OR OF OTHER INFORMATION FOUND ON OR THROUGH THE WEB SITE. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY SELECTING ANY THIRD PARTY WITH WHOM YOU CHOOSE TO CONDUCT BUSINESS, HIRE, PROVIDE SERVICES TO OR OTHERWISE INTERACT WITH. CONTRACTORGALLERY.COM SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF: (I) ANY DEALINGS OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTY, OR A LINK TO SUCH THIRD PARTY, ON THE WEB SITE; (II) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY'S BACKGROUND, INSURANCE, CREDIT OR LICENSING; OR (III) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES. In the event that you have a dispute with any such third party, you release ContractorGallery.com, its directors, officers, employees, agents and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, this Agreement governs your use of any and all third party content. You hereby waive California Civil Code §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."
7. PRIVACY POLICY
ContractorGallery.com is committed to maintaining the privacy and security of information that you provide to ContractorGallery.com through the Web Site. Registration Data and certain other information about you are subject to our Privacy Policy. By using the Web Site you consent to the collection and use of this information (as set forth in the Privacy Policy), including the transfer of this information to or from the United States and/or other countries for storage, processing and use by ContractorGallery.com and its affiliates. For more information, see our full Privacy Policy at www.ContractorGallery.com/privacy.
8. USE OF SOFTWARE
ContractorGallery.com may make certain software available to you from the Web Site. If you download software from the Web Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by ContractorGallery.com, or its licensors, for your personal, noncommercial, non-exclusive, home use only. Downloading or using the Software is at your sole risk.
9. USE RESTRICTIONS
ContractorGallery.com imposes certain restrictions on your permissible use of the Web Site. You represent and warrant that you will not:
(i) use the Web Site in connection with any commercial endeavor, unless you have a prior written agreement with ContractorGallery.com signed by an officer of ContractorGallery.com;
(ii) market or distribute access to the Web Site or any portion thereof, except Contractors as expressly authorized otherwise by ContractorGallery.com;
(iii) assign; sublicense, sell, lease or otherwise transfer or convey your rights under this Agreement;
(iv) violate or attempt to violate any security feature of the Web Site;
(v) access or attempt to access any content, data, programs or other ContractorGallery.com systems not intended for you, or log onto a server or account that you are not expressly authorized to access;
(vi) attempt to probe, scan, or test the vulnerability of the Web Site or any associated system or network, or to breach security or authentication measures without proper authorization;
(vii) damage, disable, overburden or impair the Web Site or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Web Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(viii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ContractorGallery.com in providing the Web Site;
(ix) attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Web Site;
(x) frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases, ContractorGallery.com IP (as defined below) or other lists, products or services provided through or obtained from the Web Site, or engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the Web Site;
(xi) use any meta tags or any other "hidden text" utilizing ContractorGallery.com IP (as defined below) without the express written consent of ContractorGallery.com;
(xii) engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;
(xiii) harm minors in any way or solicit personal information from or about a minor;
(xiv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xv) send email messages or use the Web Site in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy, obscenity or defamation);
(xvi) send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme; and
(xvii) upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, sexual, promotes gambling, libelous, invasive of another's privacy (including without limitation information relating to an individual’s age, gender, sexual orientation, religious affiliation or political views), hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (e) infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
You further agree that you will not create links from any website or web page to the Web Site, except that you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web Site (“Homepage”); provided that (i) the link does not portray ContractorGallery.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) except as provided herein, you may not use any ContractorGallery.com logo or other proprietary graphic or trademark as part of the link without express written permission; and (iii) the link to the Homepage must be accompanied by a clear and prominent attribution at the point of origin indicating that the link is connected to the Homepage. For example, prominently positioning the “ContractorGallery.com™” trademark such that there is clear association between the trademark and the destination of the link would be acceptable. You agree that you will not juxtapose the “ContractorGallery.com™” mark and the link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between ContractorGallery.com, and you or any other person or entity. If ContractorGallery.com, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Web Site, you agree to promptly comply. You agree that if you create any link to the Web Site that you will not employ any technology that results in the placement of content from the Web Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Web Site content from how it normally appears in a browser.
ContractorGallery.com reserves the right to investigate suspected violations of this Agreement. When ContractorGallery.com becomes aware of possible violations, ContractorGallery.com may initiate an investigation which may include gathering information from you or companies involved and the complaining party. If ContractorGallery.com believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Web Site and/or deleting any materials from ContractorGallery.com’s system. ContractorGallery.com, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability. ContractorGallery.com reserves the right to release the contact information of users involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. ContractorGallery.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Web Site, you acknowledge that you will have caused substantial harm to ContractorGallery.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ContractorGallery.com $50.00 for each such unsolicited email or other unsolicited communication you send through the Web Site.
10. USER SUBMISSIONS
Any comments, suggestions and ideas disclosed, submitted or offered to ContractorGallery.com in connection with your use of the Web Site (collectively "Submissions") shall be owned exclusively by ContractorGallery.com. You agree that ContractorGallery.com shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.
11. STORAGE AND ACCESS
ContractorGallery.com may, in its sole discretion: (i) limit the duration and frequency of your access to the Web Site; and (ii) delete accounts that are inactive for an extended period of time. ContractorGallery.com shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Web Site.
12. MODIFICATIONS
ContractorGallery.com may, in its sole discretion and without prior notice, (i) revise this Agreement; (ii) modify the Web Site; and (iii) discontinue any of the Web Site, or any of its constituent parts, at any time. ContractorGallery.com shall post any revision to this Agreement, and the revised Agreement shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Web Site periodically to be aware of any revisions. Your continued use of any of the Web Site shall constitute your acceptance of the revised Agreement. If you do not agree to any of such changes, you may terminate the Agreement and immediately cease all access and use of the Web Site. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Agreement.
13. TERMINATION
You acknowledge and agree that ContractorGallery.com may at any time in its sole discretion terminate your access to and use of the Web Site, or any part thereof, with or without notice. You agree that upon termination ContractorGallery.com may delete all files and information related to your account and may bar your access to your account and the Web Site, and that you will immediately return or destroy any ContractorGallery.com Software in your possession or control.
14. PROPRIETARY RIGHTS
The design of the Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in this Agreement or with prior written permission of the owner of such material. The software, technology components and contents of the Site are copyright 2009, Home Service Network, LLC or its licensors. All rights reserved. You agree that as between the parties, ContractorGallery.com is the exclusive owner of the Web Site, Software, and all constituent parts, including without limitation, all photographs, videos, software code, any content on the Web Site (excluding User Content), HTML scripts, the uniform resource locators (URL’s) for the Web Site, the organization and layout of the Web Site, all ContractorGallery.com trademarks (including without limitation “ContractorGallery.com™” and the “ContractorGallery.com™” logo), trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “ContractorGallery.com IP”). Any goodwill attached to, or generated by, such ContractorGallery.com IP is owned exclusively by ContractorGallery.com, or its licensors, and shall inure solely to the benefit of ContractorGallery.com, or its licensors. Nothing contained herein or on the Web Site should be understood as granting you any right or license to any of the ContractorGallery.com IP, except as expressly granted herein. All rights not expressly granted herein are reserved by ContractorGallery.com, or its licensors. ContractorGallery.com, or its licensors, retains full and complete title to the ContractorGallery.com IP. You shall not: (i) use or copy the ContractorGallery.com IP in any manner not specifically set forth in this Agreement; (ii) include ContractorGallery.com IP in your corporate name, within a domain name or within any part of a URL; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to ContractorGallery.com IP; (iv) have any claim of ownership in the ContractorGallery.com IP; or (v) sell, redistribute, transfer, sublicense or reproduce the ContractorGallery.com IP, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the ContractorGallery.com IP to a human-perceivable form. This Agreement does not limit any rights that ContractorGallery.com may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Web Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through the Web Site or its advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEB SITE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTORGALLERY.COM, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY SERVICES OR INFORMATION OBTAINED FROM THE WEB SITE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEB SITE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE AGREEMENT OR THE WEB SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONTRACTORGALLERY.COM OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTRACTORGALLERY.COM, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF CONTRACTORGALLERY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE WEB SITE; (II) ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE WEB SITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; (VI) PERSONAL INJURY RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CONTRACTORGALLERY.COM WEB SITE, (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE CONTRACTORGALLERY.COM WEB SITE; AND/OR (X) ANY OTHER MATTER RELATING TO YOUR USE OF THE WEB SITE; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CONTRACTORGALLERY.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ALSO AGREE THAT CONTRACTORGALLERY.COM, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS, (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE OR OTHER WEB SITE(S) YOU ACCESS THROUGH THE WEB SITE; (C) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (D) EVENTS BEYOND CONTRACTORGALLERY.COM'S REASONABLE CONTROL.
IN NO EVENT SHALL CONTRACTORGALLERY.COM, ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM CONTRACTORGALLERY.COM, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE AGREEMENT OR TERMINATION OF YOUR ACCESS TO THE WEB SITE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED CONTRACTORGALLERY.COM TO ENTER INTO THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, CONTRACTORGALLERY.COM’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT CONTRACTORGALLERY.COM, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
17. INDEMNITY
You agree to defend, indemnify and hold ContractorGallery.com, its directors, officers, employees, agents and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from content you submit, post, transmit or otherwise make available through the Web Site, your use of the Web Site, your connection to the Web Site, your violation of the terms of this Agreement, or your violation of any third party's rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.
18. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
ContractorGallery.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Web Site. ContractorGallery.com has adopted a policy that provides for the immediate suspension and/or termination of any Web Site user who is found to have infringed on the rights of ContractorGallery.com or of a third party, or otherwise violated any intellectual property laws or regulations. ContractorGallery.com’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ContractorGallery.com to delete, edit, or disable the material in question, you must provide ContractorGallery.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ContractorGallery.com to locate the material; (d) information reasonably sufficient to permit ContractorGallery.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to ContractorGallery.com’s designated agent at:
Attn.: Copyright Agent
Home Service Network LLC
7040 Avenida Encinas, Suite 104-217,
Carlsbad, California 92011
U.S.A.
Facsimile: (760) 804-1599
Email: notice@ContractorGallery.com
19. GENERAL INFORMATION
The Agreement constitutes the entire agreement between you and ContractorGallery.com and governs your use of the Web Site, superseding any prior agreements between you and ContractorGallery.com (including, but not limited to, any prior versions of the Agreement) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other ContractorGallery.com services or products, third-party content or third-party software. In the event any term contained in this Agreement conflicts with any other term contained in any other agreement referenced in this Agreement, the terms of the other agreement shall control. Except as otherwise provided in this Agreement, this Agreement may only be modified in a writing signed by an authorized officer of ContractorGallery.com.
You consent to receive communications from ContractorGallery.com electronically and agree that we may communicate with you by email or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may not assign this Agreement or any rights granted herein. ContractorGallery.com may assign or transfer the Agreement or its rights or obligations hereunder without notice and without your prior approval. This Agreement is for the sole benefit of the parties hereto and does not create any third-party beneficiaries, whether intended or incidental. The Agreement will inure to the benefit of ContractorGallery.com and its successors and assigns. The failure of ContractorGallery.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. No waiver, express or implied, by ContractorGallery.com of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement is governed exclusively by the laws of the State of California, without reference to its conflicts of law principles, and without regard to the United Nations Convention on the International Sale of Goods. The parties hereby submit to the exclusive personal jurisdiction of, and agree that any controversy, claim or legal proceeding with respect to or arising under the Agreement shall be brought in, the state or federal courts located in San Diego County, California. You further irrevocably consent to the service of process in any such action or proceeding by the delivery of a copy of such process to you at the address set forth in the Registration Data. The prevailing party in any claim or proceeding shall be entitled to reimbursement of reasonable attorneys’ and experts’ fees and costs. You hereby acknowledge that a breach of this Agreement may cause irreparable harm and significant injury to ContractorGallery.com that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, You agree that ContractorGallery.com shall be entitled, without waiving any additional rights or remedies otherwise available to ContractorGallery.com at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by You. Notwithstanding anything to the contrary, ContractorGallery.com shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction. You are solely responsible for your interactions with other users of the Web Site. ContractorGallery.com reserves the right, but has no obligation, to monitor disputes between you and other users of the Web Site. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED NOT WITHSTANDING ANY LAW TO THE CONTRARY.
Use of the Web Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. The Web Site is controlled and operated by ContractorGallery.com from its offices in the United States of America. ContractorGallery.com makes no representation that any of the Web Site (including, without limitation, any User Content, information, products or services available on or through the Web Site) are available or appropriate for use outside of the United States of America. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Your use of or access to the Web Site should not be construed as ContractorGallery.com’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.
If any provision of this Agreement, including without limitation, the warranty disclaimers and liability limitations set forth above, is found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect. Sections 5 through 19 of these Terms of Web Site shall survive the termination of this Agreement.
This Agreement and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.