Terms of Use Agreement
Welcome to CraftsmenNetwork.com. By accepting the Terms of Use Agreement, 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 our service. The term "THE REFERRAL SERVICE" or "us" or "we" or "our" refers to Ultimate Marketing Solutions LLC D/B/A CraftsmenNetwork.com and its employees.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to THE REFERRAL SERVICE. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to THE REFERRAL SERVICE, the content, products or services provided by or through THE REFERRAL SERVICE, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on our Web site, and you should review this Agreement prior to using THE REFERRAL SERVICE.
2. Services we provide.
A. Our service matches contractors with residential or commercial customers.
B. Each customer has a password protected area on our Web site, where customer can view and/or manage the account details and submitted projects.
2. General Disclaimer.
We are not acting as your general contractor, agent, or adviser. Service professionals are not employees of THE REFERRAL SERVICE nor is THE REFERRAL SERVICE agent of members contractors. We are the separate entity from service professionals. We do not guarantee that we will be able to find service professionals for your home improvement project. THE REFERRAL SERVICE does not perform any work that you request.
3. Screening Process.
We refer contractors who were prescreened for state level professional licensing (where applicable) and liability insurance. We confirm the liability insurance information by calling insurance agent of service professional. We check owner/principal of referred company for criminal records and civil judgments on the state level. We use the third party services to perform certain prescreening actions. However because the screening information may change or expire over time and due to the inherent time delay in the data process WE DO NOT GUARANTEE THAT ALL LICENSING, INSURANCE AND/OR ANY OTHER SCREENING INFORMATION IS ACCURATE AND VALID AT THE TIME OF YOUR REQUEST. We recommend you to check service professional's licensing, insurance and/or other information to make sure that it is still valid and/or acceptable for you before starting the home improvement project or repair.
4. Your use of THE REFERRAL SERVICE.
Your license for access and use of THE REFERRAL SERVICE 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 REFERRAL SERVICE or any Content and Materials retrieved there from.
B. Use THE REFERRAL SERVICE or any materials obtained from THE REFERRAL SERVICE to develop 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 REFERRAL SERVICE.
D. Use any Content and Materials from THE REFERRAL SERVICE 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 REFERRAL SERVICE Web Site;
F. Make any portion of our Web 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 software from our Web site or use any network monitoring or discovery software to determine THE REFERRAL SERVICE architecture.
H. Use any automatic or manual process to harvest information from this Web site.
I. Use THE REFERRAL SERVICE 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 REFERRAL SERVICE in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations.
K. Export or re-export this Web site or any portion thereof, or any software available on or through this Web site, in violation of the export control laws or regulations of the United States.
You acknowledge and agree:
L. Certain sections of, or offerings from, THE REFERRAL SERVICE 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 any other person to use the registered sections under your name without your permission; or access through a single name being made available to multiple users on a network. Knowingly inputting the false information to project request, including, but not limited to inputting other person�s name and address without his/her permission is a serious violation of this agreement that could result in significant damages to service professionals and THE REFERRAL SERVICE. You may be held liable for any damages or loss resulting or arising from such actions.
M. We reserve the right to edit or remove any profile and/or profile information from our service for any reason including, but not limited to, fraudulent information, abuse, use of THE REFERRAL SERVICE for advertising purposes.
N. We reserve the right to edit or remove any ratings and/or reviews submitted by users.
O. Service professionals may contact you though the any contact method provided by you.
5. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through THE REFERRAL SERVICE 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 our Web site. Your use of information on our Web site or materials linked to our Web site is entirely at your own risk. We are not a law firm and Web site is not a lawyer referral service.
6. Limitation of Liability.
You acknowledge and agree that THE REFERRAL SERVICE will not be liable for any damages resulting from or arising of your use of our service or services provided by any third party. THE REFERRAL SERVICE has no control over any third party services (including any contractors). You acknowledge and agree that THE REFERRAL SERVICE will not be liable for any loss, damage or liabilities arising from any work performed by any contractor. The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to THE REFERRAL SERVICE 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. Some states do not allow limitation of liability. You may have specific rights, which vary from state to state.
7. Disclaimer of Warranties.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE REFERRAL SERVICE 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. 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 YOU AND US. OUR 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 REFERRAL SERVICE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE OR THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS.
8. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to conflict of law principles). Any cause of action by you with respect to THE REFERRAL SERVICE (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 5 and Section 6. 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 at 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 REFERRAL SERVICE 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.
9. Disputes.
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, THE REFERRAL SERVICE operations, intellectual property, and our services, shall be resolved in state or federal courts within the State of Delaware.