I. INTRODUCTION
By accepting these terms, you confirm that you are 18
years of age or older, are capable of entering into a binding
agreement, and that you will accurately complete any subscriber
information submitted to us. DFWContractor.com starts every new User relationship with
a contract. The contract spells out what you can expect
from us, and what we expect from you. We do not know each
User personally, so it is important to set out the ground
rules clearly in advance.
If you agree to this contract, welcome to our system!
If you have any questions about any part of the contract,
please e-mail us about it! We will be glad to explain why
these contract provisions are important for our system.
We would like to work with you on making changes if you
can show us a better approach.
Please remember that until there is an agreement in place,
you will not receive full access to our system.
In this agreement, we have referred to the DFWContractor.com
service as the "Service", to you as the "User",
or “Home Owner” or “Contractor” where
applicable and to this contract as the "Agreement".
II. RELATIONSHIP BETWEEN DFWCONTRACTOR.COM AND USER: PROVIDING
ONLY A VENUE
DFWContractor.com is an Internet forum that facilitates
communication between Contractors and Home Owners in need
of service. DFWContractor.com acts as a venue for Contractors
and those in need of their services to exchange information
with the goal of eventually forming a professional relationship.
DFWContractor.com does not guarantee that Home Owners will
successfully find a Contractor through this system. DFWContractor.com
takes no position and offers no opinion on when or if a
Contractor/Home Owner relationship has been formed.
In order to provide an optimal forum for Users, DFWContractor.com
does not involve itself in the agreements between Users
or the actual representation of Users. Therefore, we cannot
ensure the completion of the agreement or the integrity
of either party. The User, and not DFWContractor.com, is
solely responsible for assessing the integrity, honesty,
and trustworthiness of all persons or companies with whom
the User communicates on the Service.
• Disclaimer of Contractor – Home Owner relationship
Any form of use of the Service by a subscribing Contractor
or Home Owner is not intended to and will not create a
Contractor – Home Owner relationship between any
person or entity and DFWContractor.com. Any electronic
communication sent to DFWContractor.com will not create
an Contractor – Home Owner relationship between the
User and DFWContractor.com, such being expressly denied.
• DFWContractor.com does screen but does not vouch
for any of its Users
Providing a service where Home Owners and Contractors
can meet does not imply an endorsement of any subscribing
Contractor. DFWContractor.com makes no representation concerning
a Contractor’s qualifications (except that the Contractor
met our requirements at the time of registration), nor
does it sanction statements a User may post on the system.
DFWContractor.com does not screen potential projects, or
otherwise channel Home Owners to selected Contractors.
• Disclaimer of representations by Users
DFWContractor.com makes no representation, guarantee,
or warranty (express or implied) as to the professionalism,
competence, or quality of workmanship which may be provided
by any of the Contractors which may submit bids and/or
are listed through this web site or any affiliate thereof.
III. USER GUIDELINES
In order to keep this system attractive and useful for
all Users, it is important that Users follow the rules
of the system as described in this contract. DFWContractor.com
reserves the right to deny further access to its service
to any User who violates these rules, is the subject of
complaints by other DFWContractor.com Users, for any other
reason, or for no reason at all.
Users may not engage in any of the following activities
on our system:
• do or say anything to injure or harm others
• violate Internet standards
• interfere with or disrupting the Service or servers
or networks connected to the Service by posting advertisements
or links to competing services, transmitting "junk
mail", "spam", "chain letters",
or unsolicited mass distribution of e-mail
• compromise the security of the Service DFWContractor.com
provides. Do not try to gain access to system areas private
to DFWContractor.com, or to other Users.
IV. RATINGS
As part of our service to all Users, DFWContractor.com
request that clients comment on their experiences with
the Contractors reached by using the Service. Comments
posted on the comment board will be available for review
by all DFWContractor.com Users. While we encourage open
and unrestricted use, we do not tolerate offensive conduct.
When using the forum to comment on your experiences, please
keep the comments accurate, constructive and civil. Bear
in mind that use of disparaging and defamatory comments
does not serve the purpose of the forum and may result
in legal liability to the User. DFWContractor.com reserves
the right to terminate this agreement and restrict future
access to the Service to Users who post comments that are
defamatory, hostile, vulgar, or otherwise distasteful.
V. DISCLAIMER OF INFORMATION OBTAINED ON THE SERVICE
DFWContractor.com provides Contractors and Home Owners
with a forum that functions as an open market. DFWContractor.com
is not responsible for the content of materials posted
on its Web sites. The opinions and views expressed are
those of the individual Users of the Service and do not
reflect those of DFWContractor.com. Data submitted by other
Users (both Contractors and lay persons) is not verified
or reviewed in any way before it appears on the DFWContractor.com
Web site. DFWContractor.com does not warrant the validity
or accuracy of any such information. Please use caution
and common sense when using this site.
DFWContractor.com does not continuously review the standing
of any Contractor member with any regulatory authority.
When considering employing Contractor, Home Owners should
check the Contractors standing with the applicable regulatory
body.
DFWContractor.com makes every effort to verify that Contractors
who subscribe to the Service are licensed and/or Insured
and in good standing in at least one regulatory body. However,
DFWContractor.com is unable to track, verify, or monitor
the standing of each Contractor using the Service. Therefore,
DFWContractor.com makes no representation regarding the
status, standing or ability of any Contractor that submits
bids, or is listed through this Web site.
Users are urged to make their own independent investigation
and evaluation of any Contractor being considered. The
determination of the need for home improvement service
and the choice of an contractor are extremely important
decisions and should not be based solely on advertisements,
claims of expertise, or on the cost of rendering the requested
services.
DFWContractor.com is not responsible for, and in no way
endorses, any description or indication of specialization
or limitation of service by a Contractor. Please be aware
that no agency or board may have certified such Contractor
as a specialist or expert in any indicated field of service.
In addition, an Contractor claiming specialization is not
necessarily any more expert or competent than other Contractors.
It is up to the User to question the Contractors on the
factual basis of any statement they make, ask for the names
of the certifying agencies, and verify all information.
Users are encouraged to use caution when reviewing any
information submitted by Contractors and other parties.
Although DFWContractor.com strongly encourages Contractors
to comply with all normal workmanship standards, it is
impossible for DFWContractor.com to monitor Contractors
integrity or compliance with applicable standards of workmanship.
DFWContractor.com in no way endorses the content or legality
of any offers, statements, or promises made by Contractors
or any other parties, on or off this site.
VI. CONFIDENTIALITY
DFWContractor.com makes every effort to maintain the confidentiality
of any information submitted by Users to our System and
our database of Contractors. However, because DFWContractor.com
cannot control the conduct of others, we cannot guarantee
that this information will remain confidential. Please
use caution in deciding what information to input into
the System. Do not provide any highly personal or sensitive,
information. DFWContractor.com is not responsible for the
release or improper use of such information by other Users
or any release due to error or failure in the System.
VII. INDEMNIFICATION
The User agrees that DFWContractor.com is not responsible
for any harm that this service may cause. The User agrees
to indemnify, defend, and hold DFWContractor.com harmless
from and against any and all liability and costs incurred
in connection with any loss, liability, claim, demand,
damage, and expenses arising from or in connection with
the contents or use of the Service. The User agrees that
this defense and indemnity shall also apply to any breach
by the User of the Agreement or the foregoing representations,
warranties and covenants. The User further agrees that
this defense and indemnity shall include without limitation
attorney fees and costs. The User also agrees that this
defense and indemnity shall apply to DFWContractor.com,
its affiliates, directors, officers and employees. DFWContractor.com
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by the User and the User shall not in any
event settle any matter without the written consent of
DFWContractor.com.
VIII. COMMUNICATIONS AND OTHER DATA
DFWContractor.com is not responsible for any loss of data
resulting from accidental or deliberate deletion, network
or system outages, file corruption, or any other reasons.
IX. OTHER DFWCONTRACTOR.COM RIGHTS
DFWContractor.com also reserves the following rights:
• to release current or past User information in
the event DFWContractor.com believes that accounts are
in violation of the terms of service or page content guidelines,
used to commit unlawful acts, if the information is subpoenaed,
and/or if DFWContractor.com deems it necessary and/or appropriate.
• to deny service to offenders of these guidelines
or the Agreement
• to terminate or deny service to anyone for any
reason or no reason
X. MODIFICATIONS TO TERMS OF SERVICE DFWContractor.com
may change the Agreement at any time. The User will be
notified of the change and will be responsible for promptly
reading and complying with the new terms and conditions.
Continued use of the service will indicate acceptance of
the new terms and conditions.
XI. MODIFICATIONS TO SERVICE
DFWContractor.com reserves the right to modify or discontinue,
temporarily or permanently, the Service with or without
notice to the User. The User agrees that DFWContractor.com
shall not be liable to the User or any third party for
any modification or discontinuance of the Service. The
User acknowledges and agrees that any termination of Service
under any provision of this Agreement may be effected without
prior notice, and acknowledges and agrees that DFWContractor.com
may immediately delete data and files in the User's account
and bar any further access to such files or the Service.
XII. DFWCONTRACTOR.COM'S PROPRIETARY RIGHTS
DFWContractor.com owns certain things on this system,
including the “look and feel” of the system,
the name of the system, and the collective work copyright
in sequences of public messages on the system. Users cannot
reproduce any message thread from the system, either electronically
or in print, without DFWContractor.com’s permission
and the permission of all participants in the thread. This
is not a complete list – other things on the system
are also DFWContractor.com property. Contact DFWContractor.com
before copying anything from the system with plans of reproducing
it or distributing it.
The User acknowledges and agrees that content, including
but not limited to text, software, music, sound, photographs,
graphics, video, page layout and design, or other material
contained in the Service or information presented through
the Service is protected by copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. The
User acknowledges and agrees that the User is permitted
to use this material and information only as expressly
authorized by DFWContractor.com or its Sponsors, and may
not copy, reproduce, transmit, distribute, or create derivative
works of such content or information without express authorization.
The User acknowledges and agrees that DFWContractor.com
can display images and text throughout the Service.
XIII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A great danger for DFWContractor.com, and for all operators
of online systems, is that we might be held accountable
for the wrongful actions of our Users. If one User libels
another User, the injured User might blame us, even though
the first User was really at fault. If a User transmits
illegal or improper information to another User, we might
be blamed even though we did nothing more than unknowingly
carry the message from one User to another. Accordingly,
we need all Users to accept responsibility for their own
acts, and to accept that an act by another User that damages
them must not be blamed on us, but only on the other User.
Although it is DFWContractor.com’s goal to provide
Users with a reliable, quality system, we may make mistakes
or experience system failure from time to time. Such problems
are inevitable in operating a system of this size. We would
not be able to make this system available to Users if we
had to accept blame or financial liability for any usability
problems, system failures or errors, or mistakes or damages
of any kind. In order to continue offering and improving
our service, DFWContractor.com must deny any warranties
on this service and insure that our liability for any problems
connected with the use of our system is strictly limited.
These needs are accomplished by the following disclaimers:
DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. DFWCONTRACTOR.COM
EXPRESSLY DISCLAIMS 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. DFWCONTRACTOR.COM MAKES NO
WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS,
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; NOR DOES DFWCONTRACTOR.COM MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. DFWCONTRACTOR.COM MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
INFORMATION OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY THE USER FROM DFWCONTRACTOR.COM SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
THE USER AGREES THAT DFWCONTRACTOR.COM SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE
THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA,
INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLES, EVEN IF DFWCONTRACTOR.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
USER FURTHER AGREES THAT DFWCONTRACTOR.COM SHALL NOT BE
LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION
OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION
OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT.
XIV. ARBITRATION
Any controversy or claim arising out of or relating to
this Agreement or DFWContractor.com services shall be settled
by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association.
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 the County
of Dallas, Texas, and judgment on the arbitration award
may be entered by any court having jurisdiction thereof.
Either the User or DFWContractor.com may seek any interim
or preliminary relief from a court of competent jurisdiction
in the County of Dallas, Texas, necessary to protect the
rights or property of the User or DFWContractor.com pending
the completion of arbitration. This arbitration clause
does not prohibit either DFWContractor.com or the User
from seeking to have the arbitration dismissed or judicially
terminated on the basis the claims in arbitration action
fail to provide a legal basis upon which a claim for relief
may be granted. Any motion or action to dismiss must be
filed a court of general jurisdiction within the County
of Dallas, Texas.
XV. GENERAL
This agreement, the Agreement, incorporates by reference
our Privacy Policy and any notice by DFWContractor.com
contained in any of the Web site pages and constitutes
the entire understanding between the User and DFWContractor.com
regarding the User’s relationship to our Service.
Users can reach our Service from all fifty states and
around the world. Each of these places has a different
set of laws. Since DFWContractor.com cannot keep track
of all these laws and their requirements, the Agreement
and the relationship between the User and DFWContractor.com
shall be governed by the laws of the State of Texas without
regard to its conflict of law provisions.
If DFWContractor.com fails to exercise or enforce any
right or provision of this Agreement, that failure shall
not be used to prove that DFWContractor.com has waived
the right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected
in the provision, and that the other provisions of the
Agreement remain in full force and effect. The User agrees
that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related
to use of the Service or the Agreement must be filed within
one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the Agreement
are for convenience only and have no legal or contractual
effect.
We appreciate your interest and support and we welcome
you to our community!
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