Terms of Service
Warning: The contracting trades are an activity in
which there exists the potential for serious injury or death. ALL Users
must read and agree to these Terms of Service before using this site.
This
web site is dedicated to the contracting trades, an activity which is
inherently dangerous. You should not depend on information gleaned from this
site for your personal safety. Your safety depends upon your own judgment based
on competent instruction, experience, and a realistic assessment of ability.
There are no warranties, either expressed or implied,
that the information on this website is accurate and/or reliable. Your use of
this site indicates your assumption of the risk of death or serious injury and
is an acknowledgement of your own sole responsibility for your safety.
The
following terms and conditions are in reference to the ContractorTalk.com web
site and discussion board (www.contractortalk.com), here in
referred to as "Contractor Talk". These terms and conditions apply to
all sites, services, and resources within the Contractor Talk.
1.
ACCEPTANCE OF TERMS
Contractor
Talk provides its service to you, subject to the following Terms of Service
(referred to as "TOS"), which may be updated by us from time to time
without notice. You may review the most current version of the TOS at any time
at: http://www.contractortalk.com/info/tos.php. In addition, when using
particular Contractor Talk services, you shall be subject to any posted
guidelines or rules applicable to such services.
2.
DESCRIPTION OF SERVICE
Contractor
Talk provides users with access to informational resources including
communication and interactive resources pertaining to the contracting industry.
Under no circumstances shall Contractor
Talk be liable to any user on account of that user's use or misuse of the site
or reliance on the site. Such limitation of liability shall apply to prevent
recovery of direct, indirect, incidental, consequential, special, punitive and
exemplary damages (even if Contractor Talk has been
advised of the possibility of such damages). Such limitation of liability shall
apply whether the damages arise from use or misuse of the site or reliance on
the site, from inability to use the site, or from the interruption, suspension,
or termination of the site or services offered on the site (including such
damages incurred by third parties).
Such limitation shall also apply with respect to
damages incurred by reason of other services or goods received through or
advertised on the site or received through any links provided on the site. .Such
limitation shall apply, without limitation, to the costs of procurement of
substitute goods or services, lost profits, or lost data. These limitations
shall apply notwithstanding any failure of essential purpose of any limited
remedy. Contractor Talk makes no warranties as to the accuracy of its
information and due to the volatile nature of the information contained within
Contractor Talk, Contractor Talk cannot screen
or authenticate articles, posts, listings or other information.
3.
TERMS OF MEMBERSHIP & USAGE RESTRICTIONS
Site
Membership
a)
Membership is generally available to any person at least 13 years old who
registers and accurately provides all the required information, provides a legitimate
electronic mail address and obtains a unique Contractor Talk member name and
password; however, Contractor Talk reserves the right to deny membership to any
person, for any reason, with or without cause. Membership is
non-transferable. The use of web-based email accounts may be denied due
to abuse.
b)
All membership information must be accurate and belong to the person
registering. Invalid, incomplete, or falsified information can result in:
the immediate termination of all membership privileges for that user; the user
being permanently banned; and/or restricting the user from using any of
Contractor Talk’s (or any affiliated website) services at any time.
c)
Usage of this site is restricted to persons at least 13 years old. Any person
at least 13 years old, but still a minor, may only use this site in conjunction
with a parent or guardian.
d)
Contractor Talk is not responsible for the content of any member's posts, and
the views expressed on Contractor Talk are the responsibility of the posting
member and not Contractor Talk. Contractor Talk does not preview member posts before
they appear on the site. Any link posted to a third-party internet address does
not imply an endorsement of that site or its content by Contractor Talk.
e)
Contractor Talk forums are for the discussion of the contracting trades and
related topics. While the administrators and moderators of Contractor Talk will
attempt to keep all off-topic messages off this forum, it is impossible for us
to review all messages. All messages express the views of the author, and the
owners, administrators, and moderators of Contractor Talk will not be held
responsible for the content of any message.
f)
Contractor Talk forums may contain profanity.
g) As a condition of
buying and selling items listed in any forum of Contractor Talk, Buyer and
Seller agree that Contractor Talk is not brokering or otherwise participating
in any purchase or sale. Contractor Talk has no knowledge of the terms of sale,
the condition of any items offered for sale, the accuracy of any aspect of the
sale or the use to which any item shall be put. Buyer assumes all
responsibility for proper use of any item so purchased. Buyer acknowledges that
improper use of some or all of the items offered for sale on Contractor Talk
may cause serious injury or death. Buyer shall seek qualified assistance and
instruction in the use of all items purchased. Users may not post links to
any off-site “for-sale” items or any auctions.
h)
Pornography of any type is not allowed.
i) The owners, administrators, and moderators of Contractor
Talk reserve the right to remove, edit, move or close any thread for any
reason, and the right to suspend or delete any user account for any reason,
with or without cause.
j)
Membership in Contractor Talk is a privilege, not a right. We reserve the right
to deny service to any person, at any time, for any reason, with or without
cause.
4.
INTELLECTUAL PROPERTY
It
is the policy of Contractor Talk to respond expeditiously to claims of
intellectual property infringement. Contractor Talk will promptly process and
investigate notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act ("DMCA"). Should a
violation of intellectual property be discovered, the document(s) or messages
in such violation will be removed in a timely manner after any and all
investigating has been completed to prove the authenticity of such a claim. The
designated agent for receiving DMCA notices is Nathan Wingate (name) who can be
contacted at 13492 Research Blvd Suite, 120 PMB 253, Austin, TX 78750 (address)
or via email at admin@contractortalk.com.
5.
PUBLIC CONTENT ON CONTRACTOR TALK
Any and all content posted for inclusion in
publicly accessible areas of Contractor Talk are the responsibility of the
creator. Contractor Talk makes no claims or warranties about such information
or its authenticity. Upon posting any content on Contractor Talk, you grant
Contractor Talk the non-exclusive right to publish, modify and use such content
solely for the purpose of displaying such content.
6.
DISABLING ACCOUNTS
Upon written request, Contractor Talk will disable your
account. In an effort to safeguard user’s accounts, we may require validation
of the request to disable the account. For accounts with no posts, the account
can be completely deleted from the system. For accounts with posts, Contractor
Talk will disable the account; however, Contractor Talk, in its sole and
absolute discretion, may choose to not remove posts attributed to the account.
Contractor Talk will evaluate each request to remove posts on an individual
basis. As a way of description and not of limitation, some of the factors used
in evaluating whether to remove a user’s posts are: the number of posts, the
length of any posts, the potential impact on the forum and/or thread continuity,
the age of posts, the age of the account, etc. Generally, a user is
banned as a result of a request to disable. Upon request,
Contractor Talk may, at its sole and absolute discretion, reinstate a
previously disabled account. Notwithstanding anything to the contrary
contained in this paragraph, Contractor Talk reserves the right to retain
information about disabled accounts, which may include user information, in an
effort to curb and/or combat illicit activity and to aid in civil and criminal legal
matters.
7.
THE ROLE OF MODERATORS
Moderators
are an important part of Contractor Talk. Moderators are established members
who have exhibited a knowledge and adherence to the forum rules and attempt to
keep Contractor Talk civil and spam free. However, Moderators do not work for
or represent Contractor Talk, or its parent company. Moderators’ words
and actions are their own. Any concerns over Moderator action, or inaction,
should be reported to a Contractor Talk administrator at admin@contractortalk.com (email).
8.
LIMITATION OF RE-USE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit,
for any purpose whatsoever, whether commercial or non-commercial, any portion
of the services or content contained within Contractor Talk and/or its
subsidiary sites. In order to use any content, graphical art, photos or files
owned by or published by Contractor Talk, express written authorization must be
obtained from Contractor Talk.
9.
LEGAL RESTRICTIONS
This agreement shall be constructed and
controlled by the laws of the State of Florida, without regard to its conflict
of law provisions. Any dispute arising hereunder will be governed by the laws
of the State of Florida. Each member and/or user EXPRESSLY agrees to personal
jurisdiction IN AND to the courts of the State of Florida.
Contractor
Talk reserves the right to change, modify or update this TOS agreement at any
time without notification. Membership in and the use of resources contained
within Contractor Talk constitutes full agreement and acknowledgement of the
restrictions, limitations and terms set forth in this agreement. |
