Effective Date: October 1, 2021
“User” means the individual or entity that uses the Service Offerings or the Website.
"Sensitive Information" means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.
“Service Offerings” means those products and services listed on or offered by Service Providers on the Website.
“Service Providers” are service providers and other individuals or entities that list or provide the Service Offerings on the Website.
"Third-Party Sites" means third-party websites linked from or accessed through the Website.
“Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Website, by you.
2. Access to the Website
Subject to the terms and conditions of these Terms, we hereby grant you a personal, limited, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to use the Website solely for your personal use. You may access and use the Website only for lawful purposes. All rights, title, and interest in and to the Website will remain with and belong exclusively to the Company. Without limiting the generality of the foregoing, any access to the Website or the services accessible through the Website by automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality, is expressly prohibited.
You may not: (a) sublicense, resell, rent, lease, transfer, assign, time-share, or otherwise make the Website available to any third party without our permission; (b) use the Website in any manner that interferes with or disrupts the integrity or performance of the Website, (c) copy, modify, adapt, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Website, (d) sell, assign, sublicense or otherwise transfer any right in the Website, or (e) associate, input, or upload to or through the Website any virus, trojan horse, worm, time bomb, or other computer programming routine that (i) is intended to damage, interfere with, intercept, or expropriate any Company system or technology or (ii) infringe the intellectual property rights of another.
You may be required to register and select a username in order to access or utilize parts of the Website. You may not select or use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, or (vi) that we reject, which we may choose to do in our discretion. All information you provide in your profile must be accurate. If you believe your access to or use of the Website has been breached, compromised, or unauthorized, please notify us immediately at the contact information below.
We can remove or discontinue all or a portion of the Website (including, without limitation, Service Providers or Service Offerings) at any time, without notice, at our discretion. We can choose which Service Providers or Service Offerings to promote, and we can also choose how we want to promote them, if at all. Provision of the Website does not mean we endorse, support, or warrant the Service Provider or Service Offerings, even if the Service Provider or Service Offerings is listed or designated as recommended or is promoted by the Company.
3. Your Conduct and Content
c. Claims of Copyright Infringement. We respect the intellectual property rights of others, and we ask our users to do the same. We may, in our sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.
d. Our Use of Your Content. You grant to us all rights, licenses, and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the Website. We may edit or remove Your Content at any time at our sole discretion.
4. Use by Users
The Service Offerings and Third-Party Sites are not under our control. Service Offerings and Third-Party Sites are provided to you only as a convenience, and the availability of any Service Offerings or Third-Party Sites does not mean we endorse, support, or warranty the Service Offering or Third-Party Product, even if you requested a quote from the Service Providers through the Website. The material that appears on the Website (e.g. ratings, reviews, business listings, business profiles, etc.) is for general informational purposes. The Website may include materials and information collected from and provided by third parties that we may not have evaluated or reviewed. The information found on business listings and business profiles is supplied by the Service Providers, not by us and we cannot verify the information that Service Providers supply or guarantee the services they offer. We make no guarantees regarding the accuracy, completeness, or reliability of any of the materials or information on the Website.
If you are a User, you understand and agree that we are not responsible for your engagement with a Service Provider or for your use of any Service Offerings. If you use the Website, its content (including without limitation, reviews), receive a quote from a Service Provider listed, engage a Service Provider or use any Service Offerings, you do so at your sole risk. You should use good business judgment and do your own appropriate due diligence before engaging a Service Provider. If you elect to engage with a Service Provider or procure a Service Offering, the terms and conditions regarding your use or receipt of the Service Offerings are solely between you and the Service Provider for those Service Offerings. Any questions, concerns or disputes based on your use of a Service Offering should be addressed with the Service Provider, not with us. The Service Offerings may use or transport your data or information outside of the Website, and we are not responsible for any such use or transport.
5. Use by Service Providers
If you are a Service Provider, you must respond to inquiries regarding your Service Offerings within a reasonable period of time, including a requested quote for the Service Offerings. If you are listed as a Service Provider, we also expect that Service Offerings you provide are done so with good quality and in a professional and workmanlike manner. We may remove you as a Service Provider or remove a Service Offering in our discretion, at any time, without notice to you. One of the reasons we might remove you as a Service Provider is if we determine that you are not responsive, or are not delivering quality work as we expect.
b. Renewal of Listings. A listing will be automatically renewed for successive Billing Periods unless you notify us by sending an email to firstname.lastname@example.org or utilizing the “cancellation” functionality within your registration profile. You must deliver such notice at least thirty (30) days prior to the commencement of the next renewal term or the Listing will automatically renew. In the event of automatic renewal for a Listing, you authorize us to charge the applicable renewal fee to your designated method of payment that you selected at registration (i.e credit card, ACH, etc.). If the charge is refused, we may, in our sole discretion, contact you to obtain correct payment information and/or cancel your Listing. It is your responsibility to keep the payment information current.
c. Renewal Fees. The cost of the renewed Listing will be the then-current standard renewal fee for that Billing Period. We may, in our sole discretion, change the applicable renewal fee at any time, in by posting those changes to the Website. The revised renewal fee increases will become effective at the time your Listing automatically renews. It is your obligation to check this Website regularly to ensure you are updated as to any changes. If the changes are not acceptable to you, your only remedy is to notify us of your election not to renew your Agreement, as provided in Section 5(b) above.
d. Review of Listings. Following your submission of a Listing, we may review the Listing, to determine whether the Listing is eligible for inclusion on the Website. Listings will be subject to our editorial review, modification, and/or removal at our sole discretion. We reserve the right, but not the obligation, to review any Listings. You agree to be bound by and follow our editorial standards for Listings. We will notify you if there is an issue with the Listing.
The Website may permit Users to post reviews about a Service Provider or Service Offering. If you submit a review, you agree that we may post all or a portion of the content of your review, along with your name and the date of the review. We reserve the right to edit, remove or decline to post any review, at any time, at our discretion. We are not responsible for the content of the reviews, whether or not we reviewed or edited the content.
In an effort to maintain fair, accurate, and useful reviews, you are required to follow the following terms with respect to all reviews submitted:
7. Company’s Proprietary Rights
Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Company Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or are licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Company Content and the Marks are provided on the Website “AS IS” for your information and personal use only. All goodwill generated from the use of the Marks will inure to our exclusive benefit. Any rights not expressly granted herein by Company are reserved and no license or right to use any Mark or any third party is granted to you in connection with the Website. Except as expressly provided in these Terms, no part of the Website, Company Content, or any Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Without limiting the generality of the foregoing, you acknowledge that Company is the owner of or has the rights to all information you access from or in the Website (the “Proprietary Information”). You agree that you have no right, title, or interest in any of the Proprietary Information except the right to use the Website and Proprietary Information in accordance with and subject to these Terms. You agree not to, directly or indirectly, disclose, sell or otherwise transfer or exploit the Proprietary Information, or any portion thereof, to any other person or entity or allow any other person or entity to use the Proprietary Information, or any portion thereof, without the prior written consent of Company, which may be withheld in Company’s sole discretion.
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
8. Term and Termination
a. Term. This Agreement will apply for as long as you use the Website.
9. Your Representations and Warranties
You represent and warrant that: (i) your participation in the Website will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Website, (iii) you will comply with all applicable foreign and domestic laws (including without limitation export laws), governmental regulations, ordinances, and judicial administrative orders, and (iv) that the Service Offerings and Your Content, including any Listing, does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary rights, including, without limitation, content that is fraudulent, deceptive, libelous, defamatory, obscene, pornographic, adult-themed, infringing or that violates the privacy, publicity or any other right(s) of a third party. If you are a Service Provider, you further represent and warrant that you have all sufficient rights and permissions to offer and provide the Service Offerings and the Listings.
11. Disclaimers; Limitations of Liability
a. Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE COMPANY PRODUCTS OR SERVICES, THE WEBSITE, OR THE SERVICE PROVIDER CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND THE SERVICE PROVIDER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE CONTENT ON THE WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. WE THEREFORE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE THE SERVICE PROVIDER CONTENT AND YOUR CONTENT AT ANY TIME WITHOUT PRIOR NOTICE. HOWEVER, WE DO NOT GUARANTEE THAT ANY ERRORS, INACCURACIES, OR OMISSIONS WILL BE CORRECTED.
b. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
c. Limitation of Liability. IF NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500).
d. Service Offerings and Third-Party Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO SERVICE OFFERINGS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE ACCESS TO THE SERVICES OR THE WEBSITE TO YOU.
12. Electronic Communications, Transactions, and Signatures
Using the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254