Terms And Conditions
SECTION 1 - CHANGES TO THESE TERMS
SECTION 2 – ELIGILIBILITY TO USE THE SITE
2.1 Eligibility. To use the Services, you must be a natural person, at least 18 years old and be able to form a legally binding contract under applicable law. If you are located in any jurisdiction which imposes additional restrictions on eligibility, you are bound by those restrictions as well.
2.2 Monitoring Location. We reserve the right to monitor the location from which you access the Site and to block access from any computer which we determine, in our judgment, is located in a jurisdiction where use of the Site is prohibited or restricted.
2.3 Denial of Access. Without limiting the foregoing, you understand and agree that we reserve the right to, in our sole discretion, deny access to the Site to any person or entity and that we shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision we might make to deny you access to the Site.
SECTION 3 – ACKNOWLEDGEMENT OF PROPRIETARY RIGHTS
3.1 Acknowledgment of Proprietary Rights. You acknowledge and agree that the Services are licensed and not sold to you. You acknowledge that all information, content and materials contained on the Site (in any form or media, the "Site Materials") is our property or that of our licensors, if any, and may be protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, or other proprietary rights owned by ContractorMeet, its affiliates, subsidiaries, third party content suppliers, vendors, licensors or business partners. Except for third party materials which are in the public domain, you may not delete, modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site Materials. All rights not expressly granted hereunder are expressly reserved to us and our licensors, if any.
3.2 Trademarks. The trademarks, logos, and service marks displayed on the Site (whether or not registered, collectively the "Trademarks") are Trademarks of ContractorMeet, its affiliates, subsidiaries, and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Site should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without our written permission or the written permission of the third party that owns the Trademark, if any.
3.3 Unauthorized Use; Misuse. You may not, and shall not permit any third party to: (a) rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer the Site Materials for the benefit of yourself and/or any third party in any manner; (b) access, modify, decompile, disassemble, or otherwise reverse-engineer the Site Materials in any way, or attempt to do so for any reason; (c) export or re-export, directly or indirectly, the Site Materials into any country prohibited by the United States Export Administration Act and the regulations thereunder; or (d) infringe upon or violate the intellectual property, privacy, publicity or other rights of ContractorMeet and its licensors, if any. All modifications or enhancements to the Site Materials remain our sole property or that of our licensors. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access the Services at any time without prior notice, and disable the Services or any of its component features without prior notice. All rights not expressly granted hereunder are expressly reserved to us and our licensors, if any
You are hereby advised that ContractorMeet is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. ContractorMeet will also reasonably cooperate with any third party alleging that any Site Material is infringing such party's intellectual property rights and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint. If you believe that a particular Site Material or any Trademark violates your copyright or trademark or that of a party for whom you are authorized to speak, please email email@example.com.
3.4 No Hacking, Tampering or Unauthorized Access or Use. You agree that you shall not attempt to: (a) gain unauthorized access to the Site’s systems, (b) interfere with procedures or performance of the Services, (c) deliberately damage or undermine the Services, or (d) commit fraud with regard to the Services. Your violation of any of the terms of this Section 3 may result in your civil and/or criminal prosecution.
3.5 Submissions and Transmissions. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary, including any emails sent when you use the Site's Contact Us page. Anything you transmit may be used by us or our Related Entities (as defined below) for any purpose, including, but not limited to, when legally required to do so, cooperating with police investigations or other legal proceedings, protecting against misuse or unauthorized use of the Site, limiting our legal liability and protecting our rights. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to you.
SECTION 4 – OTHER SITE REQUIREMENTS
4.4 Links to Third Party Websites. The Site may contain links to third party websites, which are provided by ContractorMeet only as a convenience (“Third Party Content”). Your dealings with Third Party Content are solely between you and the third party. Therefore you acknowledge and agree that we and our Related Entities are not responsible or liable for the availability of, nor do we or our Related Entities endorse the products or other materials of the Third Party Content. You further acknowledge and agree that we and our Related Entities shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Third Party Content. Finally, you acknowledge that if you access the Third Party Content, their terms and conditions and privacy policies apply to your rights and obligations with respect to such access.
SECTION 6 – DISCLAIMER, LIMITATION ON LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND SITE MATERIALS IS AT YOUR OWN RISK. THE SITE AND SITE MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT CONTRACTORMEET DOES NOT WARRANT NOR REPRESENT: (A) THAT THE SITE OR SITE MATERIALS WILL OPERATE CORRECTLY OR ERROR-FREE OR WITHOUT INTERRUPTION, (B) THAT THE SITE OR SITE MATERIALS ARE ACCURATE, COMPLETE, FREE FROM VIRUSES OR FREE FROM INFRINGEMENT, OR (C) THAT YOUR USE OF THE SITE OR SITE MATERIALS WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PRINCIPALS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES OR AFFILIATES, OR OUR SUBSIDIARIES’ EMPLOYEES AND CONSULTANTS (COLLECTIVELY, “RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, WHICH YOU OR SUCH THIRD PARTY MAY INCUR AS A RESULT OR ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE SITE OR SITE MATERIALS, DAMAGES TO USERS’ SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
Without limiting the foregoing, you understand and agree that neither ContractorMeet nor its Related Entities are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site.
SECTION 7 - INDEMNIFICATION
SECTION 7 - INDEMNIFICATION
SECTION 8 – MISCELLANEOUS PROVISIONS
8.2 Dispute Resolution by Binding Arbitration and Choice of Law. Many user concerns can be resolved quickly and to the user's satisfaction by contacting us on the Contact Us page on the Site. If, however, there is an issue that needs to be resolved, this Section 8.2 describes how both of us will proceed.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CONTRACTORMEET AND ITS RELATED ENTITIES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any claim or dispute between you and ContractorMeet or its Related Entities arising out of or relating in any way to the Site, these Terms or marketing by ContractorMeet through the Site, or Third Party Content including claims that arise after the termination of these Terms, shall be resolved through final, binding arbitration. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. The obligation to arbitrate applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory.
We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
A party who intends to proceed with a claim or dispute must first send to the other a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to ContractorMeet shall be sent via email to firstname.lastname@example.org and by United States mail to: ContractorMeet, 18565 Jamboree Road, Suite 200N, Irvine, CA 92612, Attn: Legal Department. ContractorMeet will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty-day (30) period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day (30) cure period, you or ContractorMeet may commence an arbitration proceeding if the claim has not been fully satisfied.
The arbitration of any claim or dispute under these Terms shall be conducted by one arbitrator exclusively in Orange County, California, and state or federal courts located in Orange County, California shall have exclusive jurisdiction and venue over any appeals of or motions regarding an arbitration award. The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on behalf of a class or otherwise issue class-wide or group relief. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts, witnesses, and filing fees and the parties shall split the cost of the arbitrator.
If any aspect or portion of this Section 8.2 is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of Section 8.2 remaining in full force and effect.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST USED THE SERVICE BY WRITING TO CONTRACTORMEET, 18565 JAMBOREE ROAD, SUITE 200, IRVINE, CA 92612; ATTN: LEGAL DEPARTMENT. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED THE SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
8.3 Jurisdiction and Venue. You and ContractorMeet agree that, as provided in Section 8.2, disputes shall be resolved by binding arbitration. You and ContractorMeet also agree that if you or ContractorMeet should nonetheless file a lawsuit against the other or the Related Entities, and regardless of the validity of the suit or whether it can be maintained or is prohibited by Section 8.2, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in Orange County, California, and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.
For any general questions, please email us at email@example.com.
Updated: September 11, 2019