PRIVACY POLICY/TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE.
By using The Tradesmen’s Collective, LLC’s (the
“Tradesmen’s”) website (the "Site") or any
Tradesmen’s applications or application plug-ins
("Applications"), you agree to follow and be
bound by these terms of use (the "Terms of
Use") and agree to comply with all applicable laws
and regulations, including United States export and
re-export control laws and regulations. In these Terms
of Use, the words "you" and "your"
refer to each customer, Site visitor, or Application
user, "we", "us" and "our"
refer to The Tradesmen’s Collective, LLC and
"Services" refers to all services provided by
us.
It is your responsibility to review these Terms of Use
periodically. If at any time you find these Terms of Use
unacceptable or if you do not agree to these Terms of Use, please do
not use this Site or any Applications. We may revise these Terms of Use at any time without
notice to you. If you have any questions about these
Terms of Use, please contact our Customer Care Center.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND
THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU
ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an
individual basis to resolve disputes, rather than jury
trials or class actions, and also limit the remedies
available to you in the event of a dispute.
The Tradesmen’s provides an online portal to give
customers, subscribers and/or users a suite of tools,
information and best practices for the construction
industry and to provide an automated software solution
to individuals, including but not limited to various
industry specific contracts and documents for those who
choose to prepare their own documents, Escrow Services,
debt buying and other related back office support.
The Tradesmen’s Site includes general information on
commonly encountered industry specific issues. The
Tradesmen’s Services also include a review of your
answers for completeness, spelling, and for internal
consistency of names, addresses and the like. At no time
do we review your answers for legal sufficiency, draw
legal conclusions, provide legal advice, opinions or
recommendations about your legal rights, remedies,
defenses, options, selection of forms, or strategies, or
apply the law to the facts of your particular situation.
The Tradesmen’s is not a law firm and may not perform
services performed by an attorney. The Tradesmen’s, its Services, and its forms or
templates are not a substitute for the advice or
services of an attorney.
The Tradesmen’s strives to keep its documents accurate,
current and up-to-date. However, because law changes
rapidly, The Tradesmen’s cannot guarantee that all of
the information on the Tradesmen’s Site or the
Tradesmen’s Applications is completely current. The law
is different from jurisdiction to jurisdiction and may
be subject to interpretation by different courts. The
law is a personal matter, and no general information or
legal tool like the kind the Tradesmen’s provides can
fit every circumstance. Furthermore, the legal
information contained on the Tradesmen’s Site and the
Tradesmen’s Applications is not legal advice and is not
guaranteed to be correct, complete or up-to-date.
Therefore, if you need legal advice for your specific
problem, or if your specific problem is too complex to
be addressed by our tools, you should consult a licensed
attorney in your area.
From time to time, the Tradesmen’s may provide certain
attorney access to services and introduce our visitors
to attorneys through various methods, including but not
limited to (i) legal plans, (ii) third party attorney
directory listings, and (iii) third party limited scope
agreements. At no time is an attorney-client
relationship fostered or created with the Tradesmen
through the performance of any such services.
The Tradesmen’s Site and the Tradesmen’s Applications
are not intended to create any attorney-client
relationship, and your use of the Tradesmen’s does not
and will not create an attorney-client relationship
between you and the Tradesmen’s. Instead, you are and
will be representing yourself in any legal matter you
undertake through the Tradesmen’s legal document
service.
1. Privacy Policy. The Tradesmen’s respects your
privacy and permits you to control the treatment of your
personal information.
When you open an account to use or access certain
portions of the Site, Applications, or the Services, you
must provide complete and accurate information as
requested on the registration form. You will also be
asked to provide a user name and password. You are
entirely responsible for maintaining the confidentiality
of your password. You may not use a third party's
account, user name or password at any time. You agree to
notify TheTradesmen’s immediately of any unauthorized
use of your account, user name or password.
TheTradesmen’s shall not be liable for any losses you
incur as a result of someone else's use of your
account or password, either with or without your
knowledge. You may be held liable for any losses
incurred by TheTradesmen’s, our affiliates, officers,
directors, employees, consultants, agents and
representatives due to someone else's use of your
account or password.
In connection with the use of certain TheTradesmen’s
products or services, you may be asked to provide
personal information in a questionnaire, application,
form or similar document or service. This information
will be protected pursuant to our Privacy Policy. In addition, you grant TheTradesmen’s a worldwide,
royalty-free, nonexclusive, and fully sublicensable
license to use, distribute, reproduce, modify, publish
and translate this personal information solely for the
purpose of enabling your use of the applicable service.
You may revoke this license and terminate rights held by
TheTradesmen’s at any time by removing your personal
information from the applicable service.
2. Ownership. This Site and Applications are
owned and operated by TheTradesmen’s.com, Inc. All
right, title and interest in and to the materials
provided on this Site and Applications, including but
not limited to information, documents, logos, graphics,
sounds and images (the "Materials") are owned
either by TheTradesmen’s or by our respective third
party authors, developers or vendors ("Third Party
Providers"). Except as otherwise expressly provided
by TheTradesmen’s, none of the Materials may be copied,
reproduced, republished, downloaded, uploaded, posted,
displayed, transmitted or distributed in any way and
nothing on this Site or on any Applications shall be
construed to confer any license under any of
TheTradesmen’s's intellectual property rights,
whether by estoppel, implication or otherwise. See the
"Legal Contact Information" below if you have
any questions about obtaining such licenses.
TheTradesmen’s does not sell, license, lease or
otherwise provide any of the Materials other than those
specifically identified as being provided by
TheTradesmen’s. Any rights not expressly granted herein
are reserved by TheTradesmen’s.
3. Limited Permission to Download. TheTradesmen’s
hereby grants you permission to download, view, copy and
print the Materials on any single, stand-alone computer
(or, for Microsoft Agave users, one copy of the
Application on up to five devices affiliated with your
Marketplace Windows Live ID account) solely for your
personal, informational, non-commercial use provided
that (i) where provided, the copyright and trademark
notices appearing on any Materials not be altered or
removed, (ii) the Materials are not used on any other
website or in a networked computer environment and (iii)
the Materials are not modified in any way, except for
authorized editing of downloadable forms for personal
use. This permission terminates automatically without
notice if you breach any of the terms or conditions of
these Terms of Use. On any such termination, you agree
to immediately destroy any downloaded or printed
Materials. Any unauthorized use of any Materials
contained on this Site or Applications may violate
copyright laws, trademark laws, laws of privacy and
publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and
Applications may contain links to websites controlled by
parties other than TheTradesmen’s (each a "Third
Party Site"). TheTradesmen’s works with a number of
partners and affiliates whose sites are linked with
TheTradesmen’s. TheTradesmen’s may also provide links to
other citations or resources with whom it is not
affiliated. TheTradesmen’s is not responsible for and
does not endorse or accept any responsibility for the
availability, contents, products, services or use of any
Third Party Site, any website accessed from a Third
Party Site or any changes or updates to such sites.
TheTradesmen’s makes no guarantees about the content or
quality of the products or services provided by such
sites. TheTradesmen’s is not responsible for webcasting
or any other form of transmission received from any
Third Party Site. TheTradesmen’s is providing these
links to you only as a convenience, and the inclusion of
any link does not imply endorsement by TheTradesmen’s of
the Third Party Site, nor does it imply that
TheTradesmen’s sponsors, is affiliated or associated
with, guarantees, or is legally authorized to use any
trade name, registered trademark, logo, legal or
official seal, or copyrighted symbol that may be
reflected in the links. You acknowledge that you bear
all risks associated with access to and use of content
provided on a Third Party Site and agree that
TheTradesmen’s is not responsible for any loss or damage
of any sort you may incur from dealing with a third
party. You should contact the site administrator for the
applicable Third Party Site if you have any concerns
regarding such links or the content located on any such
Third Party Site.
5. Use of TheTradesmen’s Legal Forms. On our
Site, through our Applications, and through certain
partners, we offer self-help "fill in the
blank" forms. If you buy a form from one of our
partners, you will be directed to that partner's
website and their terms of use will control. If you buy
or download a form on our Site or Application, the terms
and conditions of these Terms of Use control. You
understand that your purchase, download, and/or- use of
a form document is neither legal advice nor the practice
of law, and that each form and any applicable
instructions or guidance is not customized to your
particular needs.
License to Use.
TheTradesmen’s grants you a limited, personal,
non-exclusive, non-transferable license to use our forms
(the "Forms") for your own personal, internal
business use, or if you are an attorney or professional,
for your client. Except as otherwise provided, you
acknowledge and agree that you have no right to modify,
edit, copy, reproduce, create derivative works of,
reverse engineer, alter, enhance or in any way exploit
any of the Forms in any manner, except for modifications
in filling out the Forms for your authorized use. You
shall not remove any copyright notice from any Form.
Resale of Forms Prohibited.
By ordering or downloading Forms, you agree that the
Forms you purchase or download may only be used by you
for your personal or business use or used by you in
connection with your client and may not be sold or
redistributed without the express written consent of
TheTradesmen’s.com.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary: Most customer concerns can be resolved quickly
and to the customer's satisfaction by calling our
Customer Care Center at (800) 773-0888. In the unlikely event that the TheTradesmen’s
Customer Care Center is unable to resolve your
complaint to your satisfaction (or if TheTradesmen’s
has not been able to resolve a dispute it has with you
after attempting to do so informally), we each agree
to resolve those disputes through binding arbitration
or in small claims court rather than in a court of
general jurisdiction. Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge
or jury, allows for more limited discovery than a court
does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on
an individual basis; class arbitrations and class
actions are not permitted. While in some instances, upfront costs to file an
arbitration claim may exceed similar costs to bring a
case in court, for any non-frivolous claim that does not
exceed $75,000, TheTradesmen’s will pay all costs of the
arbitration. Moreover, in arbitration you may recover
attorney's fees from TheTradesmen’s to the same
extent or more as you would in court. The arbitrator
shall apply the same limitations period that would apply
in court.
Under certain circumstances (as explained below),
TheTradesmen’s will pay you more than the amount of the
arbitrator's award and will pay your attorney (if
any) his or her reasonable attorney's fees if the
arbitrator awards you an amount greater than what
TheTradesmen’s offered you to settle the dispute.
You may speak with independent counsel before using this
Site or completing any purchase.
Arbitration Agreement:
(a) TheTradesmen’s and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of
disputes and claims we agree to arbitrate are intended
to be broadly interpreted. It applies, without
limitation, to:
-
claims arising out of or relating to any aspect of the
relationship between us, whether based in contract,
tort, statute, fraud, misrepresentation, or any other
legal theory;
-
claims that arose before these or any prior Terms
(including, but not limited to, claims relating to
advertising);
-
claims that are currently the subject of purported
class action litigation in which you are not a member
of a certified class; and
-
claims that may arise after the termination of these
Terms.
For the purposes of this Arbitration Agreement,
references to "TheTradesmen’s,"
"you," and "us" include our
respective subsidiaries, affiliates, agents, employees,
employers, business partners, shareholders, predecessors
in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of
services orproducts under these Terms or any prior
agreements between us. Beneficiaries include, but are
not limited to, those named in an estate planning
document.
Notwithstanding the foregoing, either party may bring an
individual action in small claims court. This
arbitration agreement does not preclude your bringing
issues to the attention of federal, state, or local
agencies. Such agencies can, if the law allows, seek
relief against us on your behalf. You agree that, by entering into these Terms, you and
TheTradesmen’s are each waiving the right to a trial
by jury or to participate in a class action. These Terms evidence a transaction or website use in
interstate commerce, and thus the Federal Arbitration
Act (“FAA”) governs the interpretation and enforcement
of this provision. This arbitration provision will
survive termination of these Terms.
(b) A party who intends to seek arbitration must first
send, by U.S. certified mail, a written Notice of
Dispute ("Notice") to the other party. A
Notice to TheTradesmen’s should be addressed to: Notice
of Dispute, General Counsel, TheTradesmen’s.com, Inc.,
101 North Brand Blvd., 11th Floor, Glendale, CA 91203
(the "Notice Address"). The Notice must (a)
describe the nature and basis of the claim or dispute
and (b) set forth the specific relief sought
("Demand"). If TheTradesmen’s and you do not
reach an agreement to resolve the claim within 30 days
after the Notice is received, you or TheTradesmen’s may
commence an arbitration proceeding. During the
arbitration, the amount of any settlement offer made by
TheTradesmen’s or you shall not be disclosed to the
arbitrator until after the arbitrator determines the
amount, if any, to which you or TheTradesmen’s is
entitled.
(c) After TheTradesmen’s receives notice at the Notice
Address that you have commenced arbitration, it will
promptly reimburse you for your payment of the filing
fee, unless your claim is for more than $75,000.
(Currently, the filing fee for consumer- initiated
arbitrations is $200, but this is subject to change by
the arbitration provider. If you are unable to pay this
fee, TheTradesmen’s will pay it directly after receiving
a written request at the Notice Address.) The
arbitration will be governed by the Consumer Arbitration
Rules (the "AAA Rules") of the American
Arbitration Association, as modified by these Terms, for
all claims under $75,000, and the applicable rules as
determined by the AAA for all claims of or above
$75,000, and will be administered by the AAA. The AAA
Rules are available online at www.adr.org or by calling
the AAA at 1- 800-778-7879. (You may obtain information
about the arbitration process directed to non-lawyers,
including information about providing notice to
TheTradesmen’s,
at https://www.TheTradesmen’s.com/arbitration-information.pdf.)
The arbitrator is bound by these Terms. All issues are
for the arbitrator to decide, except that issues
relating to the scope, enforceability, and
interpretation of the arbitration provision and the
scope, enforceability, and interpretation of paragraph
(f) are for the court to decide. Unless TheTradesmen’s
and you agree otherwise, any arbitration hearings will
take place in the county (or parish) of your contact
address. If your claim is for $10,000 or less, you may
choose whether the arbitration will be conducted solely
on the basis of documents submitted to the arbitrator,
by a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If you choose to proceed
either in person or by telephone, we may choose to
respond only by telephone or submission. If your claim
exceeds $10,000, the AAA Rules will determine whether
you have a right to a hearing. The parties agree that in
any arbitration of a dispute or claim, neither party
will rely for preclusive effect on any award or finding
of fact or conclusion of law made in any other
arbitration of any dispute or claim to which
TheTradesmen’s was a party. Except as otherwise provided
for herein, TheTradesmen’s will pay all AAA filing,
administration, and arbitrator fees for any arbitration
initiated in accordance with the notice requirements
above. If, however, the arbitrator finds that either the
substance of your claim or the relief sought in the
Demand is frivolous or brought for an improper purpose
(as measured by the standards set forth in Federal Rule
of Civil Procedure 11(b)), then the payment of all such
fees will be governed by the AAA Rules. In such case,
you agree to reimburse TheTradesmen’s for all monies
previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. In addition, if
you initiate an arbitration in which you seek relief
valued at more than $75,000 (excluding attorney’s fees
and expenses), the payment of these fees will be
governed by the AAA rules.
(d) For claims under $75,000, if, after finding in your
favor in any respect on the merits of your claim, the
arbitrator issues you an award that is greater than the
value of TheTradesmen’s's last written settlement
offer made before an arbitrator was selected, then
TheTradesmen’s will:
-
pay you either the amount of the award or $2,000
("the alternative payment"), whichever is
greater; and
-
pay your attorney, if any, the amount of
attorney's fees, and reimburse any expenses
(including expert witness fees and costs), that your
attorney reasonably accrues for investigating,
preparing, and pursuing your claim in arbitration (the
"attorney's payment").
If TheTradesmen’s did not make a written offer to settle
the dispute before an arbitrator was selected, you and
your attorney will be entitled to receive the
alternative payment and the attorney's fees,
respectively, if the arbitrator awards you any relief on
the merits. The arbitrator may make rulings and resolve
disputes as to the payment and reimbursement of fees,
expenses, and the alternative payment and the
attorney's fees at any time during the proceeding
and upon request from either party made within 14 days
of the arbitrator's ruling on the merits. In
assessing whether an award that includes attorney’s fees
or expenses is greater than the value of
TheTradesmen’s’s last written settlement offer, the
arbitrator shall include in his or her calculations only
the value of any attorney’s fees or expenses you
reasonably incurred in connection with the arbitration
proceeding before TheTradesmen’s’s settlement offer.
(e) The right to attorney's fees and expenses
discussed in paragraph (d) supplements any right to
attorney's fees and expenses you may have under
applicable law. Thus, if you would be entitled to a
larger amount under applicable law, this provision does
not preclude the arbitrator from awarding you that
amount. However, you may not recover duplicative awards
of attorney's fees or costs. Although under some
laws TheTradesmen’s may have a right to an award of
attorney's fees and expenses if it prevails in an
arbitration proceeding, TheTradesmen’s will not seek
such an award, for claims under $75,000.
(f) The arbitrator may award injunctive relief only in
favor of the individual party seeking relief and only to
the extent necessary to provide relief warranted by that
party's individual claim. YOU AND THETRADESMEN’S
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS
PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A
PRIVATE ATTORNEY GENERAL. Further, unless both you and
TheTradesmen’s agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may
not otherwise preside over any form of a representative
or class proceeding. The arbitrator may award any relief
that a court could award that is individualized to the
claimant and would not affect other customers. Neither
you nor we may seek non- individualized relief that
would affect other customers. If a court decides that
applicable law precludes enforcement of any of this
paragraph's limitations as to a particular claim for
relief, then that claim (and only that claim) must be
severed from the arbitration and may be brought in
court.
(g) If the amount in dispute exceeds $75,000 or either
party seeks any form of injunctive relief, either party
may appeal the award to a three-arbitrator panel
administered by AAA by a written notice of appeal within
thirty (30) days from the date of entry of the written
arbitration award. An award of injunctive relief shall
be stayed during any such appeal. The members of the
three-arbitrator panel will be selected according to AAA
rules. The three-arbitrator panel will issue its
decision within one hundred and twenty (120) days of the
date of the appealing party's notice of appeal. The
decision of the three-arbitrator panel shall be final
and binding, subject to any right of judicial review
that exists under the FAA.
(h) Notwithstanding any provision in the applicable
Terms to the contrary, we agree that if we make any
future change to this arbitration provision (other than
a change to any notice address, website link or
telephone number provided herein), that change will not
apply to any dispute of which we had written notice on
the effective date of the change. Moreover, if we seek
to terminate this arbitration provision, any such
termination will not be effective until at least thirty
(30) days after written notice of such termination is
provided to you, and shall not be effective as to
disputes which arose prior to the date of termination.
7. Additional Terms. Some TheTradesmen’s Services
may be subject to additional posted guidelines, rules or
terms of service ("Additional Terms") and your
use of such Services will be conditioned on your
agreement to the Additional Terms. If there is any
conflict between these Terms of Use and the Additional
Terms, the Additional Terms will control for that
Service, unless the Additional Terms expressly state
that these Terms of Use will control.
8. Reviews, Comments, Communications, and Other
Content. At various locations on the Site or through
Applications, TheTradesmen’s may permit visitors to post
ratings, reviews, comments, questions, answers, and
other content (the "User Content").
Contributions to, access to and use of the User Content
is subject to this paragraph and the other terms and
conditions of these Terms of Use.
Rights and Responsibilities of TheTradesmen’s.
TheTradesmen’s is not the publisher or author of the
User Content. TheTradesmen’s takes no responsibility and
assumes no liability for any content posted by you or
any third party.
Although we cannot make an absolute guarantee of system
security, TheTradesmen’s takes reasonable steps to
maintain security. If you have reason to believe system
security has been breached, contact us by email for
help.
If TheTradesmen’s's technical staff finds that files
or processes belonging to a member pose a threat to the
proper technical operation of the system or to the
security of other members, TheTradesmen’s reserves the
right to delete those files or to stop those processes.
If the TheTradesmen’s technical staff suspects a user
name is being used by someone who is not authorized by
the proper user, TheTradesmen’s may temporarily disable
that user's access in order to preserve system
security. In all such cases, TheTradesmen’s will contact
the member as soon as feasible.
TheTradesmen’s has the right (but not the obligation),
in our sole and absolute discretion, to edit, redact,
remove, re-categorize to a more appropriate location or
otherwise change any User Content.
Rights and Responsibilities of TheTradesmen’s Users or
Other Posters of User Content.
You are legally and ethically responsible for any User
Content - writings, files, pictures or any other work -
that you post or transmit using any TheTradesmen’s
service that allows interaction or dissemination of
information. In posting User Content, you agree that you
will not submit any content:
-
that is known by you to be false, inaccurate or
misleading;
-
that infringes anyone’s copyright, patent, trademark,
trade secret or other proprietary rights or rights of
publicity or privacy. Please see Compliance with
Intellectual Property Laws below;
-
that violates any law, statute, ordinance, or
regulation (including, but not limited to, those
governing export control, consumer protection, unfair
competition, antidiscrimination, or false
advertising). Please see Compliance with Export
Restrictions below;
-
that is, or may reasonably be considered to be,
defamatory, libelous, hateful, racially or religiously
biased or offensive, unlawfully threatening or
unlawfully harassing, or advocates or encourages
illegal conduct harmful to any individual, partnership
or corporation. Please see Inappropriate Content
below;
-
that includes advertisements, spam, or content for
which you were compensated or granted any
consideration by any third party;
-
that includes information that references other
websites, addresses, email addresses, phone numbers,
or other contact information;
-
that contains any computer virus, worms, or other
potentially damaging computer programs or files;
- that otherwise violates these Terms of Use.
Attorneys that submit User Content and provide advice do
so at their own risk.
Under United States federal law, you retain copyright on
all works you create and post as User Content, unless
you choose specifically to renounce it. In posting a
work as User Content, you authorize other members who
have access to that service to make personal and
customary use of the work, including creating links or
reposting, but not otherwise to reproduce or disseminate
it unless you give permission for such dissemination.
You grant TheTradesmen’s a perpetual, irrevocable,
royalty-free, transferable right and license to use,
copy, modify, delete in its entirety, adapt, publish,
translate, create derivative works from, sell,
distribute, and/or incorporate such content into any
form, medium, or technology throughout the world without
compensation to you. You have the right to remove any of
your works from User Content at any time.
You are not required to provide your real name when
signing up as a user of TheTradesmen’s. TheTradesmen’s
permits anonymous or pseudonymous accounts. Any user may
request that such member's email address be hidden
to provide for additional privacy.
Ratings and reviews will generally be posted in two to
four business days. By submitting your email address in
connection with your rating and review, you agree that
TheTradesmen’s may use your email address to contact you
about the status of your review and other administrative
purposes.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL
MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH
YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TO
THE FULLEST EXTENT PERMITTED BY LAW, THETRADESMEN’S
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
THETRADESMEN’S MAKES NO WARRANTY THAT: (A) THE SITE,
APPLICATIONS, OR THE MATERIALS WILL MEET YOUR
REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE
MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY
MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL
BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE,
APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET
YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR
APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR
OWN RISK. THETRADESMEN’S SHALL HAVE NO RESPONSIBILITY
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,
MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, THETRADESMEN’S OFFERS A 60
DAY SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE
AVAILABLE HERE. THIS DISCLAIMER OF WARRANTY DOES NOT
APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH
CAROLINA CONSUMERS.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD
THETRADESMEN’S AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES
(INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR
ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL
INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT
AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL
LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF
THETRADESMEN’S HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW,
IF THERE IS LIABILITY FOUND ON THE PART OF
THETRADESMEN’S, IT WILL BE LIMITED TO THE AMOUNT PAID
FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO
CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH
CAROLINA CONSUMERS.
11. Unsolicited Submissions. Except as may be
required in connection with your use of TheTradesmen’s
Services, TheTradesmen’s does not want you to submit
confidential or proprietary information to us through
this Site or any Applications. All comments, feedback,
information or material submitted to TheTradesmen’s
through or in association with this Site shall be
considered non-confidential and TheTradesmen’s's
property. By providing such submissions to
TheTradesmen’s you hereby assign to TheTradesmen’s, at
no charge, all worldwide right, title and interest in
and to the submissions and any intellectual property
rights associated therewith. TheTradesmen’s shall be
free to use and/or disseminate such submissions on an
unrestricted basis for any purpose. You acknowledge that
you are responsible for the submissions that you
provide, including their legality, reliability,
appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing TheTradesmen’s or using the
TheTradesmen’s legal document preparation Service, you
agree to obey the law and you agree to respect the
intellectual property rights of others. Your use of the
Service and the Site is at all times governed by and
subject to laws regarding copyright, trademark and other
intellectual property ownership. You agree not to
upload, download, display, perform, transmit or
otherwise distribute any information or content in
violation of any third party's copyrights,
trademarks or other intellectual property or proprietary
rights. You agree to abide by laws regarding copyright
ownership and use of intellectual property, and you
shall be solely responsible for any violations of any
relevant laws and for any infringements of third party
rights caused by any content you provide or transmit or
that is provided or transmitted using your
TheTradesmen’s user account.
TheTradesmen’s has adopted a policy that provides for
the immediate removal of any content, article or
materials that have infringed on the rights of
TheTradesmen’s or of a third party or that violate
intellectual property rights generally.
TheTradesmen’s's policy is to remove such infringing
content or materials and investigate such allegations
immediately.
1. Notice. TheTradesmen’s has in place certain legally
mandated procedures regarding allegations of copyright
infringement occurring on the Site or with the Service.
The Company has adopted a policy that provides for the
immediate suspension and/or termination of any Site or
Service user who is found to have infringed the rights
of the Company or of a third party, or otherwise
violated any intellectual laws or regulations. The
Company's policy is to act expeditiously upon
receipt of proper notification of claimed copyright
infringement to remove or disable access to the
allegedly infringing content. If you have evidence,
know, or have a good faith belief that your rights or
the rights of a third party have been violated and you
want the Company to delete, edit, or disable the
material in question, you must provide the Company with
the following information in writing (see 17 U.S.C
512(c)(3) for further detail): (1) A physical or
electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is
allegedly infringed; (2) Identification of the
copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are
covered by a single notification, a representative list
of such works at that site; (3) Identification of the
material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed
or access to which is to be disabled and information
reasonably sufficient to permit the service provider to
locate the material; (4) Information reasonably
sufficient to permit the Company to contact you, such as
an address, telephone number, and, if available, email
address; (5) A statement that you have a good faith
belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent,
or the law; and (6) A statement that the information in
the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
1. Counter-Notice. If you believe that your Content that
was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the
copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in
your Content, you may send a written counter-notice
containing the following information to the Copyright
Agent: (1) Your physical or electronic signature; (2)
Identification of the Content that has been removed or
to which access has been disabled and the location at
which the Content appeared before it was removed or
disabled; (3) A statement that you have a good faith
belief that the Content was removed or disabled as a
result of mistake or a misidentification of the Content;
and (4) Your name, address, telephone number, and email
address, a statement that you consent to the
jurisdiction of the federal court in Austin, Texas, and
a statement that you will accept service of process from
the person who provided notification of the alleged
infringement. If a counter-notice is received by the
Copyright Agent, the Company may send a copy of the
counter-notice to the original complaining party
informing that person that it may replace the removed
Content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a
court order against the Content provider, member or
user, the removed Content may be replaced, or access to
it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at the Company's sole
discretion.
13. Inappropriate Content. When accessing the
Site, any Applications, or using TheTradesmen’s's
Services, you agree not to upload, download, display,
perform, transmit or otherwise distribute any content
that: (i) is libelous, defamatory, obscene,
pornographic, abusive or threatening; (b) advocates or
encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable local, state, national or foreign
law or regulation; or (c) advertises or otherwise
solicits funds or is a solicitation for goods or
services. TheTradesmen’s reserves the right to terminate
or delete such material from its servers. TheTradesmen’s
will cooperate fully with any law enforcement officials
or agencies in the investigation of any violation of
these Terms of Use or of any applicable laws.
14. Compliance with Export Restrictions. You may
not access, download, use or export the Site,
Applications, or the Materials in violation of United
States export laws or regulations or in violation of any
other applicable laws or regulations. You agree to
comply with all export laws and restrictions and
regulations of any United States or foreign agency or
authority and to assume sole responsibility for
obtaining licenses to export or re-export as may be
required. You acknowledge and agree that the Materials
are subject to the United States Export Administration
Laws and Regulations and agree that none of the
Materials or any direct product therefrom is being or
will be acquired for, shipped, transferred or
re-exported, directly or indirectly, to proscribed or
embargoed countries or their nationals or used for any
prohibited purpose.
15. Personal Use. The site is made available for
your personal use on your own behalf.
16. Children. Minors are not eligible to use the
Site or Applications and we ask that they do not submit
any personal information to us.
17. Non-English-Speaking Customers. Certain
materials on the TheTradesmen’s site, including but not
limited to questionnaires, documents, instructions, and
filings, are only available in English. Non-English
translations of these Terms, as well as other terms,
conditions, and policies, are provided for convenience
only. In the event of any ambiguity or conflict between
translations, the English version is authoritative and
controls.
18. Customers Needing Extra Assistance. TheTradesmen’s aims to provide full access to its
website and product offerings regardless of disability.
If you are unable to read any part of the TheTradesmen’s
website, or otherwise have difficulties using the
TheTradesmen’s website, please call ______________ and
our customer care team will assist you.
19. Governing Law; Venue. Any legal action or
proceeding relating to your access to or use of the
Site, an Application, or Materials is governed by the
Arbitration Agreement contained in paragraph 6 of these
Terms of Use. These Terms of Use expressly exclude and
disclaim the terms of the U.N. Convention on Contracts
for the International Sale of Goods, which shall not
apply to any transaction conducted through or otherwise
involving this Site or an Application.
20. Copyrights. All Site design, text, graphics,
the selection and arrangement thereof, Copyright ©,
TheTradesmen’s.com, Inc. ALL RIGHTS RESERVED.
21. Trademarks. TheTradesmen’s,
TheTradesmens.com, its logo, all images and text, and
all page headers, custom graphics and button icons are
service marks, trademarks and/or trade dress of
TheTradesmen’s. All other trademarks, product names and
company names or logos cited herein are the property of
their respective owners.
22. Attorney Access Services; Use of Term
"Experience." The term "experience" or
"experienced," as used on the Site,
Applications, and in other communications in reference
to third party attorneys participating in
TheTradesmen’s's legal plans or other attorney
access services means that the legal plan primary
handling partner of each law firm fulfills the
following: (a) possesses a minimum of five years'
experience practicing law, (b) maintains errors and
omissions insurance policies consistent with industry
standards, (c) is in good standing with the state bar in
each jurisdiction in which the attorney is licensed to
practice, (d) has no pending malpractice lawsuit, as of
the date of joining one of TheTradesmen’s's legal
plans, and (e) has no public record of discipline by a
state bar within the last five years. The term
"experience" or "experienced" is not
intended to be a comparison to any other attorney's
services or qualifications.
23. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse TheTradesmen’s as
paid spokespeople in our advertising campaigns.
24. Inquiries. BY USING THETRADESMEN’S'S
SERVICES OR ACCESSING THE THETRADESMEN’S SITE OR
APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING
YOUR TELEPHONE NUMBER TO THETRADESMEN’S VIA THE
THETRADESMEN’S SITE OR APPLICATIONS CONSTITUTES AN
INQUIRY TO THETRADESMEN’S, AND THAT THETRADESMEN’S MAY
CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER
APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS
(TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS
APPROPRIATE).
25. Right to Refuse. You acknowledge that
TheTradesmen’s reserves the right to refuse service to
anyone and to cancel user access at any time.
26. Acknowledgement. BY USING
THETRADESMEN’S'S SERVICES OR ACCESSING THE
THETRADESMEN’S SITE OR APPLICATIONS, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE
BOUND BY THEM.
