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SEPTEMBER 9, 2005 (Revised September 18th 2008)
These are the Terms of Service for BestContractors.com.
These Terms of Service apply to BestContractors.com, and its website located at www.bestcontractors.com.
You must read, agree to and accept all of the terms and conditions contained in these Terms of Service. By proceeding to use the website or logging in, you expressly agree to and accept all these Terms of Use.
This version of the Terms of Service is effective as of the date set forth above. By logging in to the system or using the website in any way, users consent to the Terms of Service that are effective at that time. Even if users have read and approved a prior version, users agree to the version that is effective as of any date that they log in to the system or use the website. BestContractors.com reserves the right to alter these Terms of Service, as well as our website and services, at any time and without notice. All changes will become effective thirty days after they are first posted on the website.
This website contains links from and to other websites that are not controlled by BestContractors.com. BestContractors.com is not responsible for Terms of Service, or any other governing terms or conditions, of other websites.
Please e-mail questions or concerns regarding these Terms of Service to BestContractors.com at support@BestContractors.com.
SERVICES BestContractors.com connects homeowners and service professionals. In order to facilitate its services, BestContractors.com operates www.bestcontractors.com and related websites.
In order to use BestContractors.com's services or websites, as a homeowner or service professional, you must register. Please go to www.bestcontractors.com to do so. As part of the registration process, you must create a username and password. You understand and agree that by using our services, you are entering into a business relationship with us and our service professionals, and you further understand and agree to be contacted by BestContractors.com and/or its approved service professionals. We and our service professionals may contact you via telephone, facsimile, electronic mail, postal mail, or any other reasonable manner, even if you are on any “Do Not Call” lists.
Registered users may select service professionals from our website to bid on their home improvement projects. Users will submit their project details via our website, and the selected service professionals. BestContractors.com will contact the requesting user, if necessary, to validate any information. Finally, BestContractors.com will forward the service request to the chosen service professionals.
BestContractors.com does not warrant, guarantee or represent that users will be matched with a service professional as a result of a service request. We may not have a service professional in our network suitable for your service request, or a suitable service professional may not be willing or able to meet your service request.
BestContractors.com does not warrant, guarantee or represent the work or ability of the service professionals in our network in any way, and does not endorse or make any recommendation with regard to the service professionals in our network. None of the service professionals in our network is an agent or representative of BestContractors.com for any purpose whatsoever; neither is BestContractors.com an agent or representative of any service professional in our network for any purpose whatsoever. BestContractors.com merely provides information on licensure and insurance requirements, as well as contact information, for the service professionals in our network. General Liability Insurance coverage is verified at the time the service professional becomes active on our site. It is the sole responsibility of the homeowner to request and verify current proof of insurance from the service professional at the start of any project. It is your responsibility (homeowner) to investigate whether a service professional is suitable for your service request, select a service professional, and to negotiate the terms for any work performed by the service professional.
If you choose to hire a service professional from our network, you are solely responsible for entering into an agreement with that professional. BestContractors.com is not responsible for, and does not warrant, guarantee or represent, the quality of the work, the timeliness of the services, or any other aspect of the work or your relationship with a service professional in our network. Your relationship with a service professional, should you choose to enter into one, is governed by any agreement you execute with that service professional.
NO AGENCY You are not an agent of BestContractors.com for any purpose whatsoever; neither is BestContractors.com your agent for any purpose whatsoever.
CHILDREN Children, meaning those who are not yet 18 years old, are not eligible to use BestContractors.com.
USE OF SERVICES You represent and warrant that your use of BestContractors.com's services and websites is for your personal use, and is not for any commercial or advertising purpose.
ASSIGNMENT OF CONTENT You hereby assign any and all rights in and to the content and information that you post on the BestContractors.com websites, including all ratings, to BestContractors.com without compensation. You agree that all such content and information is the sole and exclusive property of BestContractors.com, and that you have no right to reproduce or publish such content and information, or use such content and information, in any way other than your personal use relating to your use of BestContractors.com's services and websites.
If you use, reproduce or publish such content and information, you hereby indemnify and hold BestContractors.com, its owners, directors, officers, agents, employees, representatives, users and service professionals, harmless against any and all claims and demands, including costs attorneys' fees, arising out of or related your user, reproduction or publication of such content and information.
PRIVACY POLICY In order to use BestContractors.com's services and websites, you must provide us with certain information. These information requirements, as well as how BestContractors.com protects and handles your information, are detailed in our Privacy Policy.
SUBMISSION OF INFORMATION Whenever you submit personal information to BestContractors.com, such as a name or e-mail address, you specifically represent and warrant that such information is true and correct. To knowingly submit false information is a fraudulent matter, and will be treated as such by BestContractors.com. If you knowingly submit false information, including the information of anyone other than yourself, you hereby indemnify and hold BestContractors.com, its owners, directors, officers, agents, employees, representatives, users and service professionals, harmless against any and all claims, liabilities, damages and costs (including attorneys' fees) arising out of or related to your entry of false information.
CONFIDENTIALITY As part of your use of BestContractors.com's services and websites, you will have access to information regarding the service professionals in our network. Such information is strictly confidential, and you hereby agree to keep such information confidential. You also agree not to use any such information for any purpose whatsoever than your personal use related to your use of BestContractors.com's services and website.
REVOCATION OF SERVICES BestContractors.com hereby reserves the right, in its sole discretion to terminate your right to use the BestContractors.com services or website at any time, for any reason, and without notice. If BestContractors.com determines or suspects, in its sole discretion, that you are misusing, or attempting to misuse, its services or websites, including using the services or websites for any purpose other than your personal, non-commercial use, your access to the services and the websites will be terminated immediately.
PROVISIONS SPECIFIC TO SERVICE PROFESSIONALS As part of the registration process of the service professionals in our network, BestContractors.com verifies that the service professionals have met licensure and insurance requirements that are required by their business. While we verify licenses and insurance of our service professionals at the time of registration, the existence of an insurance policy or licensing certificate does not guarantee that the insurance is in effect at the time of service as the service provider may cancel their insurance. The website may be out-of-date or inaccurate, and we in no way represent, warrant or guarantee that any information our website includes on the service professionals in our network is accurate. Users must verify the accuracy of all such information before contracting with a service professional.
AS IS BASIS YOU ACKNOWLEDGE AND AGREE THAT BESTCONTRACTORS.COM, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, PROVIDE OUR WEBSITES AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BESTCONTRACTORS.COM, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIMITED LIABILITY IN NO EVENT SHALL BESTCONTRACTORS.COM, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES, OR THESE TERMS OF SERVICES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you.
INDEMNITY You agree to indemnify and hold harmless BestContractors.com, its directors, officers, employees, agents and representatives, from any claim or demand, including costs and attorneys' fees, made by any third party arising from or related to your breach of these Terms of Service or your violation of any law or the rights of a third party.
DISPUTE RESOLUTION WITH SERVICE PROFESSIONALS If you have a dispute with a service professional, you must address the dispute with your service professional directly; BestContractors.com is not a party to your agreement with the service professional and is not responsible for resolving your disputes.
YOU HEREBY RELEASE AND HOLD HARMLESS BESTCONTRACTORS.COM, AND ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, SERVICE PROVIDERS, PROFESSIONALS AND BUSINESS PARTNERS, FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING COSTS AND ATTORNEYS' FEES, OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO ANY AGREEMENT OR DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL.
SUCCESSORS. These Terms of Service and the rights and obligations under these Terms of Service shall bind and inure to the benefit of BestContractors.com's successors and assigns.
GOVERNING LAW; VENUE. These Terms of Service will be governed by and construed in accordance with the substantive laws of the State of Colorado without regard to conflict of law provisions. You hereby agree that any lawsuit or arbitration proceeding commenced pursuant to these Terms of Service will be held in Denver, Colorado and the state and federal courts of Denver, Colorado will have exclusive jurisdiction over all such matters that may arise. In any action filed or commenced, you hereby waive all objections to personal jurisdiction or venue.
SEVERABILITY. If any one or more of the provisions contained in these Terms of Service, for any reason, is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the validity and enforceability of any other provisions of these Terms of Service.
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