CONSTRUCTION GUILD US INC. MEMBER TERMS AND CONDITIONS
Terms & Conditions for use of CONSTRUCTION GUILD US INC. and all local Construction Guild Websites
Each Construction Guild is a group of local tradesmen, suppliers and other building related professionals working in and around our local community. Our members have a history of having performed good work in our community. Many of the local Guild members have built up a solid business by referrals from happy customers.
Referrals are also the basis for membership in a local Construction Guild. In fact, membership in the Construction Guild is by referral. It is based upon certain trusted working relationships the members have established in the local community through their good work.
Please be aware that the comments on the local Guild Member pages originate with customers in the local community by sole invitation of the members themselves. Contact the Guild Member directly if you have a customer comment that you would like the member to consider placing on an individual Guild Member web page. If that member does not wish to post your comment, then feel free to leave your comment at any of the numerous other well-known review web sites if you wish to make a comment that a Guild Member does not want posted on the Guild Member page.
You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this electronic Agreement shall be the equivalent of a written paper agreement between us.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on this web site or may or may not be sent via electronic mail, as we may determine in our sole discretion. You have the responsibility to acquaint yourself, from time to time, with the Terms of Conditions of this Agreement. If you do not agree to any modifications in our policy which may from time to time be made, you should terminate your use of our site and services now. Your continued use of this web site following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of any and all subsequent modifications.
Ownership And Copyright
You acknowledge and agree that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be.
Your right to use the Content or the services offered on our websites is subject to any limitations, conditions and restrictions established by us at any time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Content at any time, including the availability of any Construction Guild Member features, database or content. We may also impose limits on certain features and aspects of the Content. We reserve the right but do not maintain the obligation to edit or delete any content that you post on or transmit through this web site that we deem to be in violation of our Terms of Service.
As a Guild Member, you certify that:
You will be truthful in all information presented in your Guild Member page.
You will not transmit deliberately misleading or false information about yourself, your business or services through our websites.
As a visitor to our site or a Guild Member, you agree that you will:
Not use this web site to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings in any format which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene, or offensive language.
Not use this web site to transmit or assist in the transmission of any material (by email, uploading or otherwise) that violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law.
Not interfere with or disrupt this web site or the servers or other networks connected to or supported by this web site or site. No party will in any manner koniwingly distribute, originate, disseminate, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to modify, interfere with, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (whether in a destructive or benign manner, and whether on a temporary or permanent basis).
The company reserves the right, but not the obligation, in its sole discretion to post, refuse to post or to remove any Customer Review or Comment on a Construction Guild member’s page. Any negative comments about a Guild Member which a visitor to the site wishes to have posted online should be directed to one of the other internet websites focused on such comments. However, a visitor to the site may always contact customer support using the contact form to the right for any reason whatsoever.
Restrictions On Use
As a visitor to our site or a Guild Member, you agree that you will not:
Distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content of this site through the media or
create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, aggregate, copy, duplicate, make available to any person or otherwise use, either directly or indirectly, the Content of this website in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise without express written consent from the Company. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company. Provided that you become a Construction Guild member, you are granted a limited license to both provide information to create a Guild Member page and access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your use as stated herein, provide that you keep all copyright or other proprietary notices intact. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law; violate or attempt to violate the security of the Site Violations of system or network security may result in civil and/or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce portions of our websites for distribution for educational purposes only. Distribution outside the classroom requires express written permission of the company.
Fees and Payments
By becoming a local Construction Guild Member you agree to pay the fees that are specified on the site on the member invitation page along with any additional customer support fees related to customized Guild Member page set up as described on the Site. Those fees are part of this Agreement.
You agree to pay all fees and charges incurred in connection with your Construction Guild membership (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable, except as described herein or where the company gives notice to the contrary. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and charges on the site from time to time. You also are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third party service, including but not limited to telephone charges or computer time.
You may cancel your subscription for a refund, without any penalty or obligation under two specific conditions, as outlined below:
Within 60 days after the date that you subscribe for membership in a local Construction Guild (by clicking “Submit Order” or “I Authorize Transaction” or “Submit Details”); or
Within 3 days after each time your credit card is billed for auto-renewal of your subscription with any subscription plan.
In order to cancel your subscription under this Cancellation Policy you must email using the contact form to the right or by using the red tab at the bottom of every page stating your FULL NAME, company name, the billing address used for your subscription, your email address, and your desire to cancel and apply for a refund. This notification must be postmarked and/or delivered no more than 60 calendar days after the initial date of the subscription, reactivation or rebill for which you wish to claim a refund. This right to refund does NOT include charges from previous billing periods. Under this policy, you are entitled to only one refund. Any requests for a refund on a subsequent subscription will be refused. Please note that members who continue to use the paid features of the site after the 60 day period following the subscription, reactivation or re-bill in question are not entitled to a refund under this policy.
Automatic Renewal of Membership: Your membership subscription to the Construction Guild will automatically renew and be billed monthly or annually as initially established at time of sign up until canceled by the member. To cancel your membership notify us by using the contact form to the right.
Any taxes required by local, state or federal law will be added to your account.
License To Use your Information
Background Checks and Representations
As a visitor to this site and a Construction Guild Member, you agree that you are solely responsible for your interactions with other Construction Guild Members, members of the public and visitors to the site, both on and off the web site. The company does not conduct background or contractor’s license checks on its Guild Members or otherwise verify the accuracy of the information in the Guild member profiles. The company does not make any guarantees, either express or implied, regarding the services or products that you obtain from members of a local Construction Guild. Under no circumstance will the company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of this site or products or services of Guild Members, including but not limited to bodily injury, emotional distress, and/or any other damages resulting from communications, meetings or transactions with Guild Members. . The local Construction Guild members are not employees or agents of the company, nor the company an agent of the Construction Guild members. Your rights as a consumer and under contracts you enter into with local Construction Guild members or purchases you make from vendors that may be Construction Guild members are governed by the terms of such contracts and by applicable local, state and federal laws. We suggest that you obtain competitive bids from members of our websites, investigate Guild Members and obtain references prior to entering into agreements with them and use due diligence to verify the representations and claims made by Construction Guild members prior to doing business with them. All Ratings and Reviews of a Guild Member displayed to you on the site reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the company. The company disclaims any and all representations or warranties with regard to the Ratings and Reviews. Reviews do not reflect the views of the company; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. The company does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Limitations on Liability and Disclaimers
ALTHOUGH THIS WEB SITE USES ENCRYPTION SECURITY, THAT WE HAVE SEVERAL DIFFERENT SAFEGUARDS TO PROTECT YOUR INFORMATION AND THAT WE LIMIT THE ACCESS TO YOUR PERSONAL INFORMATION TO EMPLOYEES WHO WE BELIEVE NEED TO COME INTO CONTACT WITH THAT INFORMATION TO PROVIDE SERVICES TO YOU OR TO DO THEIR JOBS, AND TO OUR PARTNER SITES, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
While we make every attempt to assure the safety of our hardware and software and to protect all information in our systems and have them functioning 24/7, 365 days a year in this manner, the company’s websites always be 100% functional and may not be totally free from, and the company does not warrant that any of its services shall be totally free from, all possible computer viruses (new ones are created on a near daily basis), worms or other malicious or harmful code. The company shall not be liable for the introduction of any such code or any harm resulting from the introduction of such code into your computing systems.
WHEN USING ANY OF OUR WEBSITES BE AWARE THAT THE CONTENT PROVIDED ON GUILD MEMBER PAGES AND CONSTRUCTION GUILD WEBSITES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. YOU ARE SOLELY RESPONSIBLE FOR THE RETRIEVAL AND PRUDENT USE OF THE CONTENT. YOU SHOULD APPLY YOUR OWN JUDGMENT IN MAKING ANY USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, THE USE OF THE INFORMATION ON OUR WEBSITES AS THE BASIS FOR ANY CONCLUSIONS THAT YOU ARRIVE AT IN RELATION TO PURCHASING A PRODUCT OR HIRING A COMPANY OR INDIVIDUAL TO PERFORM SERVICES FOR YOU. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OUT WEBSITES AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON OUR WEB SITES OR MADE AVAILABLE THROUGH OUR WEBSITES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, ATTORNEYS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU, A GUILD MEMBER UNDER THIS AGREEMENT TO ACCESS THIS WEB SITE, IN THE TWELVE (12) MONTH PERIOD BEFORE THE CLAIM AROSE. THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND INACCURATE, UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
Copyright Violations Policy
The company respects the intellectual property rights of others and the Company prohibits users from posting, distributing, or reproducing in any way copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of our company to limit access to the site and/or terminate the membership privileges of any Construction Guild Member who infringes the copyrights of others, whether or not there is any repeat infringement.
The Company, this web site and the Content (excluding linked web sites or content) are physically located within the State of California. United States of America. This Agreement will be governed by the laws of the State of California and the federal laws of the United States and shall be treated in all respects as a contract entered into in Santa Cruz, California (where the parties agree venue for any legal dispute shall be), without reference to the principles of conflicts of law. In the event of a dispute, we agree to submit to the exclusive jurisdiction of the appropriate courts, State of California with venue being in or as close as possible to Santa Cruz, California. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement and on the web site, unless otherwise specified, are in United States dollars.
These Terms and Conditions and any and all legal notices on our websites constitute the entire agreement between you and the company with respect to the use of our websites and the content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
Binding Nature of this Agreement
This Agreement shall inure to the benefit of and be binding upon each of ss and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement by using our websites or agreeing to become a member of a local Construction Guild.
© 2011 CONSTRUCTION GUILD US INC., All rights reserved.