Overview
These
Terms apply to http://www.ContractWars.com
and all websites and URLs controlled or operated by ContractWars,
Inc. unless otherwise specified. Please read these Terms and Conditions
of Service ("Terms" or "Terms and Conditions")
very carefully as they contain the legal terms and conditions
that you agree to when you use the services provided to you by
ContractWars, Inc. which are primarily provided through www.ContractWars.com
(the "Site"), the website owned and operated by ContractWars,
Inc.
These services will be referred to throughout these Terms as the
"Service". The Service is operated by ContractWars,
Inc. ("ContractWars" or "HomePyramid.com"),
a company incorporated under the laws of the State of Michigan.
ContractWars is also referred to in these Terms as "we"
and "us". By visiting the Site you agree to all of the
Terms applicable to the casual visitor (one who is not a registered
user). As a registered user (or "member") you agree
to all of the Terms applicable to the casual visitor as well as
all of the Terms applicable to registered users. We strongly recommend
that, as you read the Terms, you also access and read the information
contained in the other pages and websites referred to in this
document, as they may contain further terms and conditions that
apply to you as a user. Please note that underlined words and
phrases are links to these pages and websites. We may amend the
Terms at any time by posting the amended Terms on the Site. All
amended Terms shall automatically be effective 30 days after they
are initially posted on the Site. The Terms may not be otherwise
amended except in writing signed by you and ContractWars, Inc.
If any provision of the Terms is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall
be enforced. The titles describing the sections of the Terms (example
Membership Eligibility) are just titles. These
titles are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. ContractWars
reserves the right to alter the Terms at any time for any reasonable
purpose. Your continued use of the Service means that you accept
those changes. If you have any questions, please contact us. Please
also read our Privacy
Policy, which is considered part of these Terms. If you do
not agree to be bound by the terms and conditions of these Terms,
do not use or access our services.
Terms Applicable to All
Users of the Service (Casual Visitors and Registered Users)
Purpose of the Service
ContractWars is a marketplace for the construction,
maintenance and other related industries. Individuals in need
of a construction or maintenance type service submit their project
online through the Site (www.homepyramid.com and www.contractwars.com), and member service
providers who are interested in those projects ask for more information,
setup an appointment, or submit estimates online. ContractWars
also offers home improvement tips and help that are available
to the casual visitor. ContractWars tries its best to provide
the Service as stated, however, we do not guarantee that any of
the member service providers will be interested, able, or willing
to provide the service you request. ContractWars also makes no
guarantees as to the skills of any of the member service providers
or the quality of work that they may perform. ContractWars does
not recommend or endorse the services of any particular member
service provider. The service providers are not employees or agents
of ContractWars, nor is ContractWars an agent or employee of the
service providers. When we use the phrase "our service providers"
we are only stating that this group of service providers are registered
users of the Service. ContractWars does not perform and is not
responsible for the service you request when you submit a project
on our Site. If you hire one of our service providers it is up
to you and the company to enter into a direct contract or other
agreement. ContractWars does not guarantee that the contract or
agreement will not be violated, the work will be performed, or
that the outcome of the services provided will be what you expect.
Your rights under any contracts or agreements you enter into with
service providers are governed by the terms of such contracts
or agreements and by applicable federal, state and local laws.
You must address any disputes with the service provider directly,
and you hereby agree to release ContractWars (and our officers,
directors, affiliate, employees, and agents) and any other person,
firm, or entity from any damages or claims (including consequential
and incidental damages) of every kind or nature, suspected and
unsuspected, known and unknown, and disclosed or undisclosed,
arising out of or in any way connected with such disputes and
your dealings with service providers.
ContractWars is not an Auctioneer.
The Site acts as a venue to allow people to connect to other people.
We allow people to offer, sell, and buy services through an auction-style
or reverse-auction-style format commonly referred to as "online
auctions" or " reverse auctions." We are not involved
in the actual transaction between buyers (service providers) and
sellers (those who submit projects). As a result, we have no control
over the quality, safety or legality of the services advertised,
the truth or accuracy of the listings, the ability of users to
post projects or pay for the services requested, or the ability
of the service providers to provide the services requested. We
cannot ensure that a buyer or seller will actually complete a
transaction.
Membership Eligibility
Our services are available only to, and may only be used
by individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available
to children (persons under the age of 18) or to temporarily or
indefinitely suspended ContractWars members. If you are under
the age of 18, you can use this service only in conjunction with,
and under the supervision of your parents or guardians. If you
do not qualify, please do not use the Site. Further, your ContractWars account (including feedback) and User ID may not be transferred
or sold to another party. If you are registering as a business
entity, you represent that you have the authority to bind the
entity to these Terms.
Content and Information
on the Site
Permission to use documents (such as press releases, content,
informational items and FAQs) from the Site (www.homepyramid.com and www.contractwars.com)
is granted, provided that (1) the below copyright notice appears
in all copies and that both the copyright notice and this permission
notice appear, (2) use of such documents from the Site is for
your informational and non-commercial or personal use only and
will not be copied or posted on any network computer or broadcast
in any media, and (3) no modifications of any documents are made.
Distribution of content requires express written permission of
ContractWars. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Elements
of ContractWars Web sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any
ContractWars website may be copied or retransmitted unless expressly
permitted by ContractWars. ContractWars makes no representations
or warranties about the suitability of the information contained
in the content and related graphics published on the Site for
any purpose. All such content and graphics are provided "as
is" without warranty of any kind. ContractWars hereby disclaims
all warranties and conditions with regard to this information,
including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title and non-infringement.
The documents and related graphics published on the ContractWars
website could include technical inaccuracies or typographical
errors. Changes are periodically added to the information herein.
ContractWars and/or its respective suppliers may make improvements
and/or changes in the product(s) and/or the program(s) described
herein at any time.
Availability
ContractWars is committed to making sure that the
Service is available 24 hours a day, 7 days a week. However, there
may be occasions when the Service will become unavailable for
purposes of Site maintenance and upgrades, or due to server and
other technical problems that are beyond the control of ContractWars.
We will take all steps necessary within our ability and control
to ensure that such disruptions of the Service are kept to a minimum.
Check the Site for scheduled interruptions of Service. You agree
that ContractWars will not be liable to you for any interruptions,
modifications or discontinuance of Service. We do not guarantee
continuous, uninterrupted or secure access to our services, and
operation of the Site may be interfered with by numerous factors
outside of our control.
If it is determined or suspected by ContractWars
in its sole discretion that you are misusing or attempting to
misuse or circumvent the ContractWars services or system, or
are using or attempting to use them for any inappropriate, non-personal,
or commercial purposes, including but not limited to activities
such as hacking, infiltrating, fraud, advertising, jamming or
spamming, ContractWars reserves the right, in its sole discretion,
to immediately terminate your access without notice and to initiate
without notice appropriate legal actions or proceedings to seek
appropriate remedies and/or damages, including but not limited
to lost revenue, repairs, legal fees, costs and expenses, and
to seek injunctions or other equitable remedies. ContractWars
reserves the right, in its sole discretion, to change, limit,
or discontinue any aspect, content, or feature of the Site,
as well as any aspect pertaining to the use of the Site without
notice and at any time.
Links to Other Sites
Our Site may contain external links that take you to
third party websites when you click on them. If you choose to
click on these links, you do so at your own risk. ContractWars
does not take responsibility for the content, availability,
or any loss or damage you may suffer by using other websites.
These Terms do not apply to third party websites that we may
provide links to, so please read the Terms and Privacy Policy
of all other websites before using their services.
Terms Applicable to Registered
Users
Our Services
By submitting your request for a service on our website,
you become a registered user. Your project is made available for
casual users to search and view, but you will remain anonymous
to the casual user. Only your project title, category, description,
city, state, and zip code can be seen. No personally identifiable
information is made available to the casual user. Only our member
service providers who are interested in your project can communicate
with you. You have the opportunity to remain anonymous to our
service providers and only disclose your contact information to
those you want to meet or work with. However, ContractWars reserves
the right to release your contact information to one or more of
our service providers if you do not respond for 24 hours or more
using our online message board system. If you happen to enter
your contact information into the project title and/or description
field and we do not notice and delete this information during
our screening process, please be aware that your contact information
may be viewed by service providers and casual visitors to the Site. Please provide contact information in the correct
fields only so that there will be no chance of this occurring.
If your contact information is released in this manner, you agree
to release ContractWars from any damages or claims arising from
the situation. Individuals in need of construction, maintenance,
or other types of related services who submit to us their request
for these services consent to being contacted by ContractWars
and any of our member service providers who are interested in
providing the services you requested. We do not guarantee, however,
that any of our member service providers will be interested or
able to provide the service you request, or that you will receive
any estimates. If you are having an emergency, do not use our
service. If any of our member service providers express interest
in your request it is up to you and the service provider to work
out the contract and/or other agreements, and we do not guarantee
that any of our members will not violate that contract or agreement.
Furthermore, if you meet with or hire any of our member service
providers we do not make any guarantees regarding their skills
or quality of work performed. You are under no obligation to hire
any of our member service providers. You are also under no obligation
to keep your project posted until its expiration date. Our member
companies (or "service providers") are not employees
or agents of ContractWars, nor is ContractWars an agent of the
member companies. ContractWars does not perform, and is not responsible
for, any of the services requested by you when you submit a project.
Your rights under contracts you enter into with the service providers
are governed by the terms of such contracts and by applicable
federal, state and local laws. Should you have a dispute with
a service provider, you must address such dispute with the service
provider directly, and you hereby agree to release ContractWars
(and our officers, directors, affiliates, employees and agents)
and any other person, firm, or entity from any damages or claims
(including consequential and incidental damages) of every kind
or nature, suspected and unsuspected, known and unknown, and disclosed
or undisclosed, arising out of or in any way connected with such
disputes and your dealings with service providers. ContractWars
may delete your project information at any time after your project
has expired.
You acknowledge and agree that your use of the
ContractWars services is for your personal use and not for any
commercial or advertising purposes. You agree that all of the
content and information posted on the ContractWars website,
including but not limited to project information, and ratings
& reviews (including any ratings and reviews provided by
you), is the sole and exclusive property of ContractWars, and
that you have no right to reproduce, post, publish, or otherwise
use such information other than for your personal use relating
to your project. You acknowledge that a violation of the foregoing
could result in significant damages, and you agree that you
are liable to ContractWars for any such damages, and will indemnify
ContractWars in the event of any third party claims against
ContractWars based on or arising from your violation of the
foregoing.
You agree that all information
you provide will follow the guidelines of these Terms including,
but not limited to, the following guidelines. Any project you
may submit cannot be concurrently listed for sale on a website
other than ContractWars's (this does not prevent linking to
or advertising a ContractWars item from another website). You
may not submit any project on the Site that could cause us to
violate any applicable law, statute, ordinance or regulation,
or that violates our current Terms. The data you submit may
not contain any viruses, Trojan horses, worms, time bombs, cancelbots,
easter eggs or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information. You
may not submit information that infringes any third party's
copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy. You may not submit
information that is false, inaccurate, or misleading. Your use
of this service must not violate any law, statute, ordinance,
or regulation in any way, shape, or form.
False Information
You promise that all information you provide will be accurate,
current and truthful to the best of your knowledge. If you provide
any information that is untrue, not current or incomplete, or
ContractWars has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, ContractWars
has the right to refuse you any current or future use of all
or part of ContractWars services. To knowingly enter false information,
including but not limited to name, phone number, address, or
email address is a very serious and fraudulent matter that could
result in significant costs and damages including invasion of
privacy rights, to ContractWars and its members, and to consumers,
as well as the loss of time, effort and expense responding to
and pursuing such false information and request, and further,
could result in regulatory fines and penalties. Accordingly,
if you knowingly enter false information anywhere on our website,
including but not limited to someone else's name, email address,
physical address or phone number or a random or made up name,
address, email address, or phone number you agree to fully indemnify
and be liable to ContractWars and each ContractWars member who
accepts such information, for the actual damages, direct, punitive
and consequential, and any regulatory or judicial fines or penalties
that may arise from such intentional, misleading, harmful and
fraudulent activity, plus reasonable legal fees, cost and expenses
relating to those activitites.
Privacy
ContractWars is commited to protecting your privacy.
By providing certain information to us, or by submitting a project,
you are requesting, and you consent to being contacted by us
and by our service providers via phone, fax, email, mail or
other reasonable means, at any of your contact numbers or addresses,
even if you are listed on any federal, state or other applicable
"Do Not Call" list, in order to provide the services
set forth on our site, to service your account, or for other
reasonable purposes related to your project and our business.
Please read our Privacy
Policy for details. The terms and conditions of our Privacy
Policy are considered part of these Terms.
Password
When you submit a project, you will also create an
account and be given a password or asked to create your own
password. As you will be responsible for all activities that
occur under your password, you should keep your password confidential.
You must notify ContractWars immediately of any unauthorized
use of your password or if you believe that your password is
no longer confidential. We reserve the right to require you
to alter your password if we believe that your password is no
longer secure.
Information You Provide
Solely to enable ContractWars to use the information
you supply us with (or "Your Information"), so that
we are not violating any rights you might have in that information,
you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but no
other rights) you have in Your Information, in any media now known
or not currently known, with respect to Your Information. ContractWars will only use Your Information in accordance with our
Privacy Policy. ContractWars
also has the right to alter a project's submitted information,
which pertains to, but is not limited to, deleting contact information
and altering typographical errors. If your project can be divided
into multiple projects, ContractWars reserves the right to do
so.
Files You Upload to the
Site
You are responsible for all of the images you upload
to the Site. You must have the legal right to copy and display
each image that you upload. Professional images that are provided
to you by professional photographers or made available through
websites, magazines, books or other resources, are protected by
copyright and should not be uploaded on the Site. You agree not
to upload any material that is obscene, offensive, blasphemous,
pornographic, unlawful, threatening, menacing, abusive, harmful,
an invasion of privacy or publicity rights, defamatory, libellous,
vulgar, illegal or otherwise objectionable. You understand and
agree that the submission of any file image to ContractWars, and
the download or upload of any material through the service is
done at your own discretion and risk and that you will be solely
responsible for any loss or damage to your file(s) or any damage
to your computer system or loss of data that may result in the
download or upload of any material. ContractWars may delete or
refuse to make publicly available any file you upload to the Site
that it finds is inappropriate, or attempts to circumvent the
Service.
Information Provided by
Other Users
ContractWars does not verify, nor do we take responsibility for
any information submitted to us by other users such as but not
limited to, company profiles, licensing information, insurance
information, ratings, reviews, etc. It is your responsibility
to verify all information that is important to you. Please read
our Contractor Verification Tips
for tools and advice. We do not control the information provided
by other users that is made available through our system. You
may find other user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution, common sense, and practice safe
trading when using the Site. Please note that there are also risks
of dealing with underage persons or people acting under false
pretense. Additionally, there may also be risks dealing with international
trade and foreign nationals. By using this Site, you agree to
accept such risks and ContractWars is not responsible for the
acts or omissions of users on the Site.
Conditions of Account
Termination
ContractWars reserves the right to terminate your account
for any reason, but especially pertaining to the misuse of our
services such as the following: 1) breach of these Terms or the
documents it incorporates by reference; 2) our inability to verify
or authenticate any information you provide to us; or 3) the possibility
of financial loss or legal liability for you, our users or ContractWars. Please read our Privacy
Policy for more information about account termination.
Indemnification
You agree to indemnify ContractWars, and its subsidiaries, affiliates,
officers, employees, agents, co-branders, and other partners and
hold them each harmless from any and all claims or demands, including
attorney's fees, made by any third party due to or arising from
your use of the ContractWars services or in connection with the
ContractWars website or your violation of these terms and conditions,
or arising from your violation of any rights of a third party.
Law, Jurisdiction,
and Disputes
These Terms shall be governed by and construed in accordance
with the laws of the State of Michigan. Any disputes arising under
or in connection with these Terms shall be subject to the non-exclusive
jurisdiction of the state and federal courts of the State of Michigan.
You agree that, unless otherwise prohibited by law, all disputes,
claims, or causes of action, in law or equity, arising from or
relating to these Terms or its enforcement, performance, breach,
or interpretation shall be resolved through either court or arbitration
in Wayne County, Michigan. Before resorting to the methods listed
above, we strongly encourage you to first contact us directly
to seek a resolution and we will consider reasonable requests
to resolve the dispute through alternative dispute resolution
procedures, such as mediation, as an alternative to litigation.
Because we are a venue, in the event that you have a dispute with
one or more users, you release ContractWars (and our officers,
directors, agents, subsidiaries, joint ventures and employees)
from 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. In no event shall we, our subsidiaries, officers,
directors, employees or our suppliers be liable for lost profits
or any special, incidental or consequential damages arising out
of or in connection with our site, our services or these Terms,
however arising, including negligence. You agree not to hold ContractWars responsible for any damages or other liabilities arising
from work performed by any service provider. |
