The Contractors Site : Terms and Conditions for Use
Thank you for visiting “The Contractors Site”. Moving forward, The Contractors Site will be referred to as “TCS”, "we", "us" or "our" within this agreement). This Website is a service provided by TCS. Individuals (Visitors, Customers, Contractors, Suppliers or “others” clicking on the site are deemed to have accepted The terms and conditions of use, thereby establishing an agreement between you The Contractors Site. (the "Agreement").
PLEASE NOTE: The Terms and Conditions of Use include limitations of liability affecting your rights. It should be made clear that your profile and any associated reviews, ratings, comments, feedback etc. will remain on this Website even after your account has been terminated
The Agreement regulates your access and use of the Website and the associated services offered by TCS on or throughout the Website including, without limitation, supply and use of the Content (collectively, the "Services"), including a variety of restrictions including your responsibilities and obligations with respect to any such access and use. The Agreement also limits our liability, limits recourse against us and disclaims any various representations, warranties, conditions and assumptions that may typically apply to your access and use of the Website and/or Services. Please read the Agreement thoroughly before agreeing to its terms and continuing through the site. It is a condition of your access and use of the Website and/or Services that you agree and be bound by the Agreement. By accessing, browsing and/or using this Website or any part of the Service, you are providing your consent to be bound by the Agreement. If you do not agree with, or do not accept terms of the Agreement, please close the Website and do not use any of its Services.
General Disclaimer and Limitation of Liability
Primarily, The Contractors Site Website acts as a platform for “users” looking to engage in, or take an active roll in one of 3 principle areas associated within the construction and renovation industry. The 3 areas described here are, but not limited to; Locating suppliers of quality home improvement and construction products: Provisions for Contractors to connect to other contractors and perhaps co-operate on specific jobs and a forum for homeowners to seek advice or working relationships with contractors and the trades. The site also allows customers, contractors and subcontractors to post reviews and provide other information. The “User” acknowledges that any use of, or dependence on this Website, or any of the Services within the site will be solely at your sole risk.
NOTE: TCS makes no representation and provides no warranties of any kind with regards to the “User” “Suppliers” “Contractor”, “Subcontractor” OR “Others” nor does it warranty items or goods sold through the site or through third party suppliers.
The Contractors Site may periodically screen, or verify the accuracy of content and /or quality of items posted on the site. “WE” have no obligation to and accept no liability as a result of inaccurate or false information (unknown to us before hand) or the users handling of content or contracted workers contacted through the site. TCS does have the right to remove or restrict subscribers for any reason at any time.
It is expected that “Users” acknowledge and understand that use and implementation of both products and materials may result in personal injuries and /or death and that ANY renovation, repair or construction work should only be undertaken by qualified and competent individuals, and in many cases, by licensed professionals.
TCS wish to ensure that the “User” both acknowledges and understands that undertaking renovation, repair work and construction projects may involve additional information or expertise than what may be available within this site and that you should not rely solely on the website content. “The User” also should be reminded and acknowledges that construction and building methods, codes and acceptable practices may differ from one region to another and that it is the “Users” responsibility to confirm which laws and regulations apply to their work site location.
When working with, or co-operating with other parties contacted through the website, you assume all risks associated with the relationship. You as the “User” understand that further research, inquires and fact investigation, including due diligence may be necessary and it is the users obligation to take the steps to obtain this information and insurance.
TCS will not be held responsible or liable for any damages, costs, expenses or any other losses caused by, in whole or in part, circumstances or events beyond its control. In the event that a dispute occurs between Users and or other subscribers on the site, The Contractors Site, its employees representatives etc. and its website will not be held responsible or accountable in any fashion.
Provisions on the website exist allowing “users” to post comments and ratings attached to your username. You further understand that other users are free to post Content about you, services you received or provided, all of which may be freely accessed, viewed by other users. You acknowledge and understand that a portion of the website provides a forum for a rating and comments and you agree that TCS will not be obliged or required to remove or alter content placed in the comments forum. TCS will not be held accountable or liable for any posts that may be negative in nature (in any regards) that are posted in the forum area.
You acknowledge and understand that the Website does provide you with an opportunity to reply to any comments and present your views which may support you or your position. You also agree that TCS will not be held liable in, or for situations where discontent exists between two or more parties, Users, Subscribers etc. It will be the responsibility of each side to work out disputes and in no way will TCS take sides.
Registration
Access to certain features, services and content of the Website will be restricted to “users” who have registered through the Website, paid for and created a ”premium” Member account Website (an "Account"). “Users” may only create a single Account.
“Users” agree to: (a) provide accurate, current and complete information as prompted by the Website's registration process. for Accounts and/or Profiles (this information will be referred to as the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it accurate, current and complete.
The Contractors Site is concerned about the privacy and security of all its users. Our services and website content are available only to individuals who are of age and can legally form binding contracts in the jurisdiction in which they reside. Without limitation to the foregoing, you may neither register for nor use the Website or any Services if you are under the legal age of majority in the province or territory in which you reside. You are solely liable for any misrepresentation in conjunction with the Registration Information or with respect to any postings or listings created.
Sign Up and User I.D.
You will receive a User I.D. and have the ability to set up your own password in order to complete your registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your User I.D.
You acknowledge and agree that the rights and privileges provided to you under the Agreement are assigned to you and may not be shared or transferred to anyone or any other party.
Use of the Website
This Website is operated in the province of Ontario, Canada. For “Users” outside the province, responsibility falls upon you to determine whether it is legal to use and engage the features and services of the website.
You understand that you are solely responsible to ensuring that content posted by you on the Website complies with all applicable laws and this Agreement. You further understand that you are solely responsible for ensuring that goods or services that you promote or advertise and the completion of any transaction relating to the aforementioned complies with all applicable laws and this Agreement.
You agree that you are personally liable and responsible for everything you communicate / post on the Website. When posting Content you shall use your best efforts to ensure such Content is truthful, accurate, current and complete. Content must comply with the terms of the Agreement. The “User” agrees and understands that any Content posted is subject to authentication and false or inaccurate content may be temporarily or permanently removed
The “User” agrees that they are personally responsible for complying with any applicable laws and are not infringing on any third party rights, including, without limitation any privacy rights, personality rights, proprietary rights and trade secrets. Without any limitation “Users” will not post any confidential content or materials that are protected by copywrite laws without written consent of the owner.
Posting – Forums & Ratings
“User” understands and agrees that all content posted on the site is the sole responsibility of the poster (“user”) The “User” also accepts responsibility for the accuracy and professionalism displayed on the website. Failure to comply may result in the removal, suspension or termination of the “User” and or the content posted.
User Privacy and Security Policy
The “User” needs to understand and recognize that the Internet is NOT secure and the Users posts and visits to the website may not be secure therefore privacy cannot be guaranteed, TCS will not be held responsible or liable for any privacy or information compromise, transmission loss or any other related Data Breach issues.
Indemnity
To the maximum extent permitted by law, you will indemnify and hold TCS, its affiliates, its service providers and their respective directors, officers, employees, advisors, agents and other representatives, harmless from any damages, liability, costs, expenses, including reasonable legal fees, fines and other losses incurred or suffered by any of them as a result of: (i) Content you submit, post, transmit or make available on or through the Website; (ii) your violation of this Agreement; (iii) your dealings with other users of the Website or the Services; (iv) any dispute you may have with any other user of the Website or other third party; or (v) your infringement, breach and/or violation of any third party rights, including, without limitation, any intellectual property rights and any trade secrets.
Termination or Modification of Service
TCS reserves the right at any time to modify or suspend, temporarily or permanently, any Service (or any part thereof) without notice. Likewise, TCS reserves the right at any time to modify or discontinue, temporarily or permanently, the operation of the Website (or any part thereof) without notice. You agree that TCS shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or of the Website.
Suspension of Account
The “User” agrees that TCS, in its sole discretion, may at any time suspend your Account (including, without limitation, any membership) or suspend your access to and use of the Website and/or of any Service, in the event it determines, that you have breached this Agreement or have otherwise acted. Any reinstatement of your Account (including, without limitation, any membership) or above mentioned privileges will be in TCS sole discretion and subject to such conditions or additional requirements as applicable.
If your Account is suspended or terminated TCS may provide you with limited access to the Website if Content is posted about you or your business and you provide us with a written request to such effect. In such circumstances, subject to authentication of your identity, TCS may grant you limited access to the Website and Services for the sole purpose of responding to such Content. Any such limited use of the Website and Services by you (including, without limitation, the posting of such response by you) is subject to this Agreement. TCS WILL NOT BE LIABLE FOR REFUSING OR OTHERWISE FAILING TO PROVIDE YOU WITH ANY LIMITED ACCESS TO THE WEBSITE EVEN IN THE CIRCUMSTANCES DESCRIBED ABOVE.
Products
“User” acknowledge and agrees that certain goods and/or services available, discussed, posted, featured and/or advertised on the Website may be supplied by third parties resident and operating outside the province of Ontario and/or may be hosted on computers located outside of the province of Ontario.
Proprietary Rights
“Users” acknowledge and agrees that the TCS materials and any software provided by TCS or its licensors used in connection with your access and use of the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content is protected by intellectual property rights, including, without limitation, copyright, trademark, service mark, patent and/or other proprietary rights. Except as expressly authorized by TCS or its licensors, you agree not to modify, rent, lease, loan, or sell TCS Materials or any Service, whether in whole or in part, or otherwise attempt to discover the source code of any TCS Materials or any of the software available on or through the Website. Except as otherwise indicated elsewhere on this Website, you may view, download, and print the Content which you are authorized to access through your lawful use of the Website for your personal and internal use provided that: (i) your Account is in good standing and you are in compliance with this Agreement; (ii) you may not remove any copyright, trademark or other proprietary notices contained in or associated to the materials; (iii) any and all Content, including, without limitation, all leads, jobs, projects and other information generated, delivered, presented and/or otherwise made available to you may not be redistributed or provided to any third party. The rights granted to you under this Agreement are provided pursuant to a limited and conditional license and no rights are being transferred to you or otherwise provided to you on an exclusive basis. TCS reserves all rights not expressly granted to you herein.
“The Contractors Site", "The Contractors Site.com”, and The Contractors Site” Logo are trademarks of TCS. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.
TCS reserves the right to deny requests to remove any or All Content from the Website, including, without limitation, a member's Profile information. TCS reserves the right to remove, disclaim or qualify any Content (including, without limitation, Content posted by or relating to you) from the Website without notice or liability.
Term and Termination
This Agreement will remain in full force and effect until it is terminated. You may terminate this Agreement at any time, for any reason by following the instructions on the "Cancel membership" page located within the website.
Please note that certain rights you have conferred to TCS and certain obligations you owe to TCS will continue to apply even after such termination (see below).
TCS may terminate this Agreement at any time, for any reason, with or without explanation, effective upon TCS sending written or email notice to you.
Upon termination of this Agreement, your Account (including, any membership) will be forthwith terminated and all licenses granted to you herein shall forthwith expire.
All licenses you have granted to TCS will survive termination of this Agreement, including those relating to Content that you have provided. For clarity, TCS can continue to publish and display any comments, reviews, ratings, endorsements and other feedback that you have submitted or refer to You as a past member.
If you are a contractor, service provider or supplier:
If your Profile is the object of any user comments, reviews, testimonials, anecdotes, ratings, rankings, commentary or other Feedback, your Profile will NOT be deleted in conjunction with termination of this Agreement and will still be accessible, searchable and viewable on the Website, and may be subject to further Feedback. In the event that you later wish to respond to any such Feedback or post a reply, you will need to reactivate your Account. You may reactivate your Account by contacting us and satisfying such requirements as we may establish from time to time to validate your identity. You further understand that termination of this Agreement does not prevent the creation by third parties of a profile on the Website relating to you or your business, and the posting of reviews, testimonials, ratings, rankings, commentary and/or other Content relating to you, your business, your operations, your goods and services and/or your past conduct and interactions.
All limitations of liabilities, exclusions of liability, waivers, releases, indemnities and disclaimers provided under this Agreement will survive termination of this Agreement. Your obligations regarding TCS confidential and/or proprietary information and/or Content, and your obligations to indemnify and hold TCS harmless will also survive termination of this Agreement.
Governing Law and jurisdiction
You agree and acknowledge that your use of this Site will be deemed to have originated in the Province of Ontario, Canada. You agree that this Agreement and any dispute relating to this Agreement will be governed in accordance with the laws of the Province of Ontario, Canada without reference or application of principles and rules of conflict of laws. You expressly agree and consent to the exclusive forum, jurisdiction and venue of the courts of the province of Ontario, Canada in any and all actions, disputes, or controversies relating to this Agreement and/or your access to and use of the Website, Content and/or any Service.
Changes to this Agreement
TCS may from time to time (and in its sole discretion) make changes to this Agreement by posting a revised version on the following webpage: www.thecontactorssite.com
Please review our webpage periodically to determine whether the last version of this Agreement which you have reviewed is still the most current version of the Agreement. Your continued use of the Website, Content and/or any Service shall constitute your acceptance to any modification to this Agreement. You may not make any changes to this Agreement.
If any provision of this Agreement is found to be unlawful, void or unenforceable, then such provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS AND CONDITIONS OF USE FOR PREMIUM MEMBERSHIPS
These terms and conditions apply in addition to the general Terms and Conditions of Use for the www.thecontractorssite.com website. All capitalized terms that are not defined in these additional terms will have the meaning provided to them in the Agreement.
At the moment, Premium membership subscriptions are purchased for a 1 month recurring contract term. ("Term Membership"). Should you purchase a Term Membership, it will automatically be renewed for a renewal term equal to the original term unless you terminate your Term Membership (as provided under the Agreement) prior to the expiration of the then current term or renewal term.
Fees for a Term Membership will be charged to a credit card for which you are an authorized user (such credit card and any other substitute or replacement card is referred to as the "Credit Card"). You will be asked to provide credit card information when you register as a premium member. Likewise, if you wish to renew or extend your premium membership period, or order Services that generate a fee, you will be asked to provide credit card information. For your protection, we use a certified payment gateway and do not retain credit card information after completion of a transaction (such information is retained by the certified payment gateway and may be used for future authorized transactions).
As stated earlier, TCS may terminate this Agreement at any time, for any reason, with or without explanation, effective upon TCS sending written or email notice to you.
You may elect to purchase a 1 month Term Membership with monthly payments. If you purchase a Term Membership with monthly payments, the monthly fee is payable in advance of each subscription month.
Any renewal of a Term Membership with monthly payments will be at the fees that are in effect at the time of such renewal. Any renewal of a prepaid Term Membership will be at the fees in effect when the prepaid Term Membership was first purchased. The fees for the renewal of a prepaid Term Membership will be charged to the Credit Card as well the monthly fees for any Term Membership with monthly payments (which will continue to be payable in advance of the subscription month).
Each submission or order online for a Service for which a fee is charged is deemed to be an authorization to charge predetermined sums representing applicable statutory and service fees, charges, and applicable taxes to the Credit Card. You will be informed of the total charges and asked to confirm the transaction before it is charged to the Credit Card. You are responsible for all charges, fees and taxes incurred by you. Charges and fees will be at the rates established by TCS from time to time plus all additional applicable taxes.
Before submitting any request for goods and/or services or otherwise completing an online order (including, without limitation any purchase, renewal or extension of a premium membership), please verify that you have correctly entered the information in the request and/or order. We cannot refund the cost of a Service if you have inputted the request incorrectly. Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS.
Any discount provided in conjunction with your purchase of multiple Services will be retroactively adjusted or rescinded in the event that you later decide to cancel or terminate one or more such Services and the resulting combination of Services would either not entitle you to such discount or would entitle you to a lesser discount. You will be responsible for payment of any rescinded discount or any reduction in a previously issued discount, and these will be applied to the Credit Card.
You are solely responsible for updating your contact, billing and credit card information during the term of any premium membership, including any renewal term. You shall promptly notify TCS if the Credit Card associated with your account is canceled, if such card is reported lost or stolen, or if you become aware that the security of such card has been compromised. You acknowledge that you will not receive a credit card or other payment statement unless you provide us with a valid e-mail address.
If we are unable to collect the charges, fees and/or taxes from the Credit Card for any reason, you are responsible to pay TCS directly the fees, charges and taxes plus interest at the annual rate of 18% (calculated daily) and any other charges (including costs of collection) incurred by TCS. In such circumstances, we may also in our sole discretion and without limitation to any of our remedies exercise any one or more of the following remedies: (i) immediately suspend further access to the Website and related services and content; (ii) issue an invoice to you for the amount of such charges, together with accrued interest and costs of collection, which invoice will be immediately payable; (iii) assign any such unpaid accounts to a third party, including, without limitation, a collection agency; and/or (iv) report such non-payment to one or more credit rating agencies.
You are responsible for notifying TCS of any incorrect charges within thirty (30) days of receiving a statement or receipt from TCS. After any such thirty (30) day period, you shall forfeit any recourse to TCS to claim a credit.
All fees displayed on or through the Website are subject to change without notice, in TCS's sole discretion. Likewise, TCS reserves the right at any time to commence charging fees for Services which are presently offered for free and/or to increase any fees.
Term Memberships expire upon termination of the Agreement. If we terminate this Agreement other than as a result of you breaching its terms and conditions, we will refund all unused prepaid fees that you have paid in terms of any membership (and will pro rate any periodic membership fee in regard to the remaining portion of the membership period). In all other instances, you will not be entitled to receive any refund for any subscription payments you have made to TCS. Please note that if you terminate your account / membership within the billing period, you will have access to the site until the end of that / your particular billing period. No refunds will be granted for the period between the time of termination and that of the end of the billing period. TCS will not be liable to you in any other way or manner in the event of termination of this Agreement for any reason.
The payment agreement will remain in full force and effect until it is terminated. You may terminate this agreement at any time, for any reason
