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Terms
and Conditions of Service (Service Providers)
Overview
These Terms apply to http://www.ContractWars.com
and all websites and URLs controlled or operated by ContractWars, Inc.
unless otherwise specified. Please read these Terms and Conditions of
Service ("Terms" or "Terms and Conditions") very
carefully as they contain the legal terms and conditions that you agree
to when you use the services provided to you by ContractWars, Inc. which
are primarily provided through www.ContractWars.com (the "Site"),
the website owned and operated by ContractWars, Inc. These services
will be referred to throughout these Terms as the "Service".
The Service is operated by ContractWars, Inc. ("ContractWars"
or "HomePyramid.com"), a company incorporated under the laws
of the State of Michigan. ContractWars is also referred to in these
Terms as "we" and "us". By visiting the Site you
agree to all of the Terms applicable to the casual visitor (one who
is not a registered user). As a registered user (or "member")
you agree to all of the Terms applicable to the casual visitor as well
as all of the Terms applicable to registered users. We strongly recommend
that, as you read the Terms, you also access and read the information
contained in the other pages and websites referred to in this document,
as they may contain further terms and conditions that apply to you as
a user. Please note that underlined words and phrases are links to these
pages and websites. We may amend the Terms at any time by posting the
amended Terms on the Site. All amended Terms shall automatically be
effective 30 days after they are initially posted on the Site. The Terms
may not be otherwise amended except in writing signed by you and ContractWars,
Inc. If any provision of the Terms is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. The titles describing the sections of the Terms (example Membership
Eligibility) are just titles. These titles are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of such section. ContractWars reserves the right to
alter the Terms at any time for any reasonable purpose. Your continued
use of the Service means that you accept those changes. Please also
read our Privacy Policy, which is considered part of these Terms. If
you do not agree to be bound by the terms and conditions of these Terms,
do not use or access our services.
Terms Applicable to All Users of the
Service (Casual Visitors and Registered Users)
Purpose of the Service
ContractWars is a marketplace for the construction, maintenance
and other related industries. People who submit projects to the Site
will be referred to throughout these terms as "individual(s)"
or "user(s)". People who purchase leads and perform the services
requested will be referred to as "service providers". Individuals
in need of a construction or maintenance type service submit their project
online through the Site (www.homepyramid.com or www.contractwars.com), and member service providers
who are interested in the project ask for more information, setup an
appointment, or submit estimates online. We also offer home improvement
tips and help that are available to the casual visitor. ContractWars
tries its best to provide the Service as stated, however, we do not
guarantee that you will be interested, willing, or able to perform any
of the services that are requested on our website. ContractWars also
does not guarantee that you will ever be hired for any of the projects
you are interested in, or submit estimates for. We do not guarantee
that an individual will not change his or her mind after submitting
a project, expressing interest in your services, or even hiring you
to perform the services. The service providers are not employees or
agents of ContractWars, nor is ContractWars an agent or employee of
the service providers. When we use the phrase "our service providers"
we are only stating that this group of service providers are registered
users of the Service. If you are hired by an individual, it is up to
you and that individual to enter into a direct contract or other agreement.
ContractWars does not guarantee that the contract or agreement will
not be violated. Your rights under any contracts or agreements you enter
into with individuals are governed by the terms of such contracts or
agreements and by applicable federal, state and local laws. You must
address any disputes with the individual directly, and you hereby agree
to release ContractWars (and our officers, directors, affiliates, employees,
and agents) and any other person, firm, or entity from any damages or
claims (including consequential and incidental damages) of every kind
or nature, suspected and unsuspected, known and unknown, and disclosed
or undisclosed, arising out of or in any way connected with such disputes
and your dealings with individuals.
ContractWars is not an Auctioneer. The
Site acts as a venue to allow people to connect to other people. We
allow anyone to offer, sell, and buy services through an auction-style
or reverse-auction-style format commonly referred to as "online
auctions" or " reverse auctions." We are not involved
in the actual transaction between buyers (service providers) and sellers
(those who submit projects). As a result, we have no control over the
quality, safety or legality of the posted projects, the truth or accuracy
of the projects, or the ability of users to post projects or pay for
the services requested. We cannot ensure that a buyer or seller will
actually complete a transaction.
Membership Eligibility
Our services are available only to, and may only be used by
individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available
to children (persons under the age of 18) or to temporarily or indefinitely
suspended ContractWars members. If you are under the age of 18, you
can use this service only in conjunction with, and under the supervision
of your parents or guardians. If you do not qualify, please do not use
the Site. Further, your ContractWars account (including feedback) and
User ID may not be transferred or sold to another party. If you are
registering as a business entity, you represent that you have the authority
to bind the entity to these Terms.
Fees
Joining ContractWars is free. There is a fee for gaining the
ability to communicate with the users who submit projects you are
interested in. These fees are termed "lead fees". A lead,
is defined here as an opportunity for possible employment.
Hence, you are not purchasing guaranteed work and ContractWars does
not guarantee that you will ever be hired by any of our users. You
will not be refunded money simply because you were not hired. Please
read our Refund Policy for details about refunds, and please
visit our Pricing Policy for exact prices and more details about
pricing. We offer pay per lead and unlimited lead access plans.
The
unlimited access plan includes leads only within 200 miles of your
zip code. The unlimited access plans automatically
renew at the end of each term for the full length of the plan
unless canceled at least 3 days before the term expires. Once you
cancel an unlimited access plan, you
will no longer be able to use the plan during the term which was
canceled.
The unlimited plan includes access to our current lead system and
does not include any future services that we may release.
The free 15 day trial allows you to test our service for free. We will automatically
start your monthly paid plan at the end of the trial for the full length of the plan
unless it is canceled at least 3 days before the trial expires. Once you
cancel the trial, you
will no longer be able to use the trial.
The pay per lead plan is setup to allow
an unlimited number of contractors to purchase a lead and to give you
a fair price, after 4 contractors purchase a lead we will offer that
lead at a discounted price. If there is a discounted price, the amount
that we charge will be the sum of the first four lead fees divided
by the total number of lead recipients. All contractors that purchase
the same lead will pay the same price (if on the pay per lead plan).
For example, if you are the fifth contractor to purchase a $10 lead,
you will actually pay $8 for the lead ($40 (the sum of the first four
lead fees) divided by 5 (the total number of lead recipients)). The
4 previous contractors will also pay $8 a piece (if on the pay per
lead plan).
You cannot
share or redistribute any leads you acquire from our site in any way,
doing so you will be subject to damages of at least $10,000 U.S. per
lead. We may change our pricing policy and the fees for our services
from time to time. All changes to the policy are effective immediately
and by making a purchase after the changes have been made, you are
accepting the terms of the policy. You will be notified if any changes
have taken place. We may choose to temporarily change our Pricing
Policy and the fees for our services for promotional events and such
changes are effective when we post the temporary promotional event
on the Site. We may in our sole discretion change some or all of our
services at any time. In the event we introduce a new service, the
fees for that service are effective at the launch of the service.
All fees are quoted in U.S. dollars. You are responsible for paying
all fees associated with using the Service and the Site and all applicable
taxes.
Your account will typically be charged
on monthly intervals. However, we may charge your account more often
based upon the amount of charges and your payment history. You are given
at least 7 days after you purchase a lead to ask for a refund, if you
do not ask for a refund within this time, we are under no obligation
to refund this money. To make this process easy for you, we have built
in a "request refund" tool into our customer service center
to automate the process.
All money added to your account when
we used a credit system will be automatically put towards any amounts
owed on your account.
Content
and Information on the Site
Permission to use documents (such as press releases, content, informational
items and FAQs) from the Site (www.homepyramid.com or www.contractwars.com) is granted, provided
that (1) the below copyright notice appears in all copies and that both
the copyright notice and this permission notice appear, (2) use of such
documents from the Site is for your informational and non-commercial
or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any
documents are made. Distribution of content requires express written
permission of ContractWars. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. Elements of ContractWars Web sites are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in part.
No logo, graphic, sound or image from any ContractWars website may be
copied or retransmitted unless expressly permitted by ContractWars.
ContractWars makes no representations or warranties about the suitability
of the information contained in the content and related graphics published
on the Site for any purpose. All such content and graphics are provided
"as is" without warranty of any kind. ContractWars hereby
disclaims all warranties and conditions with regard to this information,
including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title and non-infringement. The documents
and related graphics published on the ContractWars website could include
technical inaccuracies or typographical errors. Changes are periodically
added to the information herein. ContractWars and/or its respective
suppliers may make improvements and/or changes in the product(s) and/or
the program(s) described herein at any time.
Availability
ContractWars is commited to making sure that the Service
is available 24 hours a day, 7 days a week. However, there may be occasions
when the Service will become unavailable for purposes of Site maintenance
and upgrades, or due to server and other technical problems that are
beyond the control of ContractWars. We will take all steps necessary
within our ability and control to ensure that such disruptions of Service
are kept to a minimum. Check the Site for scheduled interruptions of
Service. You agree that ContractWars will not be liable to you for any
interruptions, modifications or discontinuance of Service. We do not
guarantee continuous, uninterrupted or secure access to our services,
and operation of the Site may be interfered with by numerous factors
outside of our control.
If
it is determined or suspected by ContractWars in its sole discretion
that you are misusing or attempting to misuse or circumvent the ContractWars services or system, or are using or attempting to use them
for any inappropriate, non-personal, or commercial purposes, including
but not limited to activities such as hacking, infiltrating, fraud,
advertising, jamming or spamming, ContractWars reserves the right,
in its sole discretion, to immediately terminate your access without
notice and to initiate without notice appropriate legal actions or
proceedings to seek appropriate remedies and/or damages, including
but not limited to lost revenue, repairs, legal fees, costs and expenses,
and to seek injunctions or other equitable remedies.
ContractWars reserves the right, in its sole discretion, to change, limit,
or discontinue any aspect, content, or feature of the Site, as well
as any aspect pertaining to the use of the Site.
Links to Other Sites
Our Site may contain external links that take you to third
party websites when you click on them. If you choose to click on these
links, you do so at your own risk. ContractWars does not take responsibility
for the content, availability, or any loss or damage you may suffer
by using other websites. These Terms do not apply to third party websites
that we may provide links to, so please read the Terms and Privacy
Policy of all other websites before using their services.
Terms Applicable to Registered Users
Our Services
Member service providers consent to being contacted by ContractWars
and any of our users who are interested in the services you provide.
When you purchase a lead, your contact information and company profile
is made available for the individual to view. We do not guarantee,
however, that any of our users will be interested in your services
or that you will ever be hired to perform the work requested. When
you purchase a lead, you are purchasing the ability to contact the
individual through our online message board, submit estimates online,
and make your contact information and company profile available for
the individual to view. You are not purchasing guaranteed work when
you purchase a lead. If any of our users express interest in
your services it is up to you and the individual to work out the contract
and/or other agreements, and we do not guarantee that any of our users
will not violate that contract or agreement. Furthermore, if you meet
with or are hired by any of our users we do not make any guarantees
regarding their ability to receive or pay for the services performed.
Our users are not employees or agents of ContractWars, nor is ContractWars
an agent of the users. Your rights under contracts you enter into with
individuals are governed by the terms of such contracts and by applicable
federal, state and local laws. Should you have a dispute with a user,
you must address such dispute with the individual directly, and you
hereby agree to release ContractWars (and our officers, directors,
affiliates, employees and agents) and any other person, firm, or entity
from any damages or claims (including consequential and incidental damages) of
every kind or nature, suspected and unsuspected, known and unknown,
and disclosed or undisclosed, arising out of or in any way connected
with such disputes and your dealings with users. ContractWars may delete
any information saved on the Site pertaining to leads you purchased
after the project expires.
You
agree that all of the content and information posted on the ContractWars
website, including but not limited to project leads, company profiles,
ratings & reviews (including any ratings and reviews provided
by you), is the sole and exclusive property of ContractWars, and that
you have no right to reproduce, redistribute, post, publish, or otherwise
use such information. You acknowledge that a violation of the foregoing
could result in significant damages, and you agree that you are liable
to ContractWars for any such damages, and will indemnify ContractWars
in the event of any third party claims against ContractWars based
on or arising from your violation of the foregoing. You agree
that if you redistribute any leads in any way that you are
subject to damages of at least $10,000 U.S. per lead.
You agree that all information you
provide will follow the guidelines of these Terms including, but not
limited to, the following guidelines. You may not submit any information
on the Site that could cause us to violate any applicable law, statute,
ordinance or regulation, or that violates our current Terms. The data
you submit may not contain any viruses, Trojan horses, worms, time
bombs, cancelbots, easter eggs or other computer programming routines
that may damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information. You may not
submit information that infringes any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity
or privacy. You may not submit information that is false, inaccurate,
or misleading. Your use of this service must not violate any law,
statute, ordinance, or regulation in any way, shape, or form.
No Agency
You and ContractWars are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms. ContractWars,
the service providers, and any ContractWars Partners are separate
entities and share no agency, partnership, franchise, joint venture,
or employment relationship.
False
Information
You promise that all information you provide will be accurate, current
and truthful to the best of your knowledge. If you provide any information
that is untrue, not current or incomplete, or ContractWars has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, ContractWars has the right to refuse you any
current or future use of all or part of ContractWars services. To
knowingly enter false information, including but not limited to name,
phone number, address, or email address is a very serious and fraudulent
matter that could result in significant costs and damages including
invasion of privacy rights, to ContractWars and its members, and to
consumers, as well as the loss of time, effort and expense responding
to and pursuing such false information, and further, could result
in regulatory fines and penalties. Accordingly, if you knowingly enter
false information anywhere on our website, including but not limited
to someone else's name, email address, physical address or phone number
or a random or made up name, address, email address, or phone number
you agree to fully indemnify and be liable to ContractWars and each
ContractWars member or user who accepts such information, for the
actual damages, direct, punitive and consequential, and any regulatory
or judicial fines or penalties that may arise from such intentional,
misleading, harmful and fraudulent activity, plus reasonable legal
fees, cost and expenses relating to those activitites.
Privacy
ContractWars is commited to protecting your privacy. By
providing certain information to us, or by becoming a registered member,
you are requesting, and you consent to being contacted by us and by
our users via phone, fax, email, mail or other reasonable means, at
any of your contact numbers or addresses, even if you are listed on
any federal, state or other applicable "Do Not Call" list,
in order to provide the services set forth on our site, to service
your account, or for other reasonable purposes related to your membership
and our business. Please read our Privacy Policy for details. The terms and conditions of our
Privacy Policy are considered part of these Terms.
Password
When you create an account, you will be given a password
or asked to create your own password. As you will be responsible for
all activities that occur under your password, you should keep your
password confidential. You must notify ContractWars immediately of
any unauthorized use of your password or if you believe that your
password is no longer confidential. We reserve the right to require
you to alter your password if we believe that your password is no
longer secure.
Information You Provide
Solely to enable ContractWars to use the information you supply
us with (or "Your Information"), so that we are not violating
any rights you might have in that information, you agree to grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity,
and database rights (but no other rights) you have in Your Information,
in any media now known or not currently known, with respect to Your
Information. ContractWars will only use Your Information in accordance
with our Privacy Policy. ContractWars also has the right to alter
information you submit, which pertains to, but is not limited to, altering
typographical errors, and omitting information that could allow you
to circumvent the Service.
Files You Upload to the Site
You are responsible for all of the images you upload to the
Site. You must have the legal right to copy and display each image that
you upload. Professional images that are provided to you by professional
photographers or made available through websites, magazines, books or
other resources, are protected by copyright and should not be uploaded
on the Site. You agree not to upload any material that is obscene, offensive,
blasphemous, pornographic, unlawful, threatening, menacing, abusive,
harmful, an invasion of privacy or publicity rights, defamatory, libellous,
vulgar, illegal or otherwise objectionable. You understand and agree
that the submission of any file image to ContractWars, and the download
or upload of any material through the service is done at your own discretion
and risk and that you will be solely responsible for any loss or damage
to your file(s) or any damage to your computer system or loss of data
that may result in the download or upload of any material. ContractWars
may delete or refuse to make publicly available any file you upload
to the Site that it finds is inappropriate, or attempts to circumvent
the Service.
Information Provided by Other
Users
ContractWars does not verify, nor do we take responsibility for any
information submitted to us by other users such as but not limited to,
contact information, project information, ratings, reviews, etc. We
do not control the information provided by other users that is made
available through our system. You may find other user's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice safe trading when using the Site. Please
note that there are also risks of dealing with underage persons or people
acting under false pretense. Additionally, there may also be risks dealing
with international trade and foreign nationals. By using this Site,
you agree to accept such risks and ContractWars is not responsible for
the acts or omissions of users on the Site.
Conditions
of Account Termination
ContractWars reserves the right to terminate your account for
any reason, but especially pertaining to the misuse of our services
such as the following: (a) Breach of these Terms or the documents
it incorporates by reference; (b) Inability to verify or authenticate
any information you provide to us; or (c) The possibility of financial
loss or legal liability for you, our users or ContractWars. If there
is still credit in your account upon its termination (whether you requested
account termination or not), ContractWars is under no obligation to
return the money to you.
Indemnification
You agree to indemnify ContractWars, and its subsidiaries, affiliates,
officers, employees, agents, co-branders, and other partners and hold
them each harmless from any and all claims or demands, including attorney's
fees, made by any third party due to or arising from your use of the
ContractWars services or in connection with the ContractWars web site
or your violation of these terms and conditions, or arising from your
violation of any rights of a third party.
Law, Jurisdiction, and Disputes
These Terms shall be governed by and construed in accordance
with the laws of the State of Michigan. Any disputes arising under or
in connection with these Terms shall be subject to the non-exclusive
jurisdiction of the state and federal courts of the State of Michigan.
You agree that, unless otherwise prohibited by law, all disputes, claims,
or causes of action, in law or equity, arising from or relating to these
Terms or its enforcement, performance, breach, or interpretation shall
be resolved through either court or arbitration in Wayne County, Michigan.
Before resorting to the methods listed above, we strongly encourage
you to first contact us directly to seek a resolution and we will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation, as an alternative to litigation.
Because we are a venue, in the event that you have a dispute with one
or more users, you release ContractWars (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. In no event shall
we, our subsidiaries, officers, directors, employees or our suppliers
be liable for lost profits or any special, incidental or consequential
damages arising out of or in connection with our site, our services
or these Terms, however arising, including negligence. You agree not
to hold ContractWars responsible for any damages or other liabilities
arising from performing services for any of our users.
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