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POSTYOURPROJECTS.COM. TERMS OF USE

PostYourProjects.com, LLC, an Ohio limited liability company (referred herein as “PYP”, “PostYourProjects.com”, “we”, or “us”), provides certain services to users, including without limitation providing a means of communication between project posters and registered contractors (the “Services”). Users (referred herein as “you”, “your” or “User”) of the Services agree to abide by the Terms of Use (“TOU” or “Agreement”), which serves as a legally binding agreement between you and PYP.

By accessing the PostYourProjects.com website, including through mobile application (the “Website”) or by the using the Services, you agree to be bound by these Terms of Use. The PostYourProjects.com Privacy Policy and is incorporated into the TOU by reference and is available for your review on the Website.

1.  Acceptance of Terms of Use Agreement.

(a) This Agreement is an electronic contract that sets out the legally binding terms you must accept to use the Website or become a User of the Services. For purposes of the TOU, “User” means a person who provides information to PYP on the Website or participates in the Services in any manner, whether as a project poster, customer, Registered Contractor, or third party.

(b) By accessing the Website or becoming a User, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To receive a non-electronic copy of this Agreement, please Contact Us online at www.PostYourProjects.com or send us a letter and self-addressed stamped envelope with sufficient postage to: PostYourProjects.com, P.O. BOX 14183 Poland OH, 44514.

(c) By using the Services, you consent to receive the TOU in electronic form. To withdraw this consent, you must cease using the Services and terminate your account, Contact Us online at www.PostYourProjects.com. or send us a letter and self-addressed stamped envelope with sufficient postage to: PostYourProjects.com, P.O. BOX 14183 Poland OH, 44514 indicating your withdraw of consent and requesting that we terminate your account.

2.  Eligibility.

In consideration of your use of the Services and the Website, you represent that you are of legal age to form a binding contract and are not a person barred from using the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Information”); and (b) properly maintain and update the Registration Information to keep it true, accurate, current and complete. Any contractor that desires to use the Services must first register as with PYP and become a Registered Contractor. All Registered Contractors must be a licensed and {00024206.DOCX 1 } bonded business or individual contractor, in good standing, in the state in which the service or repair work is to occur. If you provide any information that is untrue, inaccurate, not current or incomplete, or PYP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PYP has the right to suspend or terminate your account and refuse any and all current or future use of its Services. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3.  Users.

You may register as a User at no cost. As a User, you will have the ability to participate in some, but not all, of the features and services available within the Services. To access or use additional features and services, including the ability to communicate with project posters, you must pay a subscription fee and become a Registered Contractor, as provided in Section 5 of the TOU. Please see Contractor Login for a description of the current registration plans and their prices. The registration policies that are disclosed to you when registering for the Services are deemed part of this Agreement. From time to time, PostYourProjects.com may remove the profiles of non-Registered Contractors.

4.  Term.

(a) This Agreement will remain in full force and effect while you use the Website and/or the Services.

(b) You may change or terminate your registration at any time, for any reason, by following the instructions on the Website or you may Contact Us either online at www.PostYourProjects.com or send written notice of termination to PostYourProjects.com, P.O. BOX 14183 Poland OH, 44514.  No refunds for unused registration fees or services will be returned to you.

(c) PostYourProjects.com may terminate your registration at any time without notice to you. If PostYourProjects.com terminates your registration to the Services because you have breached this Agreement, you will not be entitled to any refund of unused registration fees. All decisions regarding the termination of accounts shall be made in the sole discretion of PostYourProjects.com. PostYourProjects.com is not required, and may be prohibited, from disclosing a reason for the termination of your account.

(d) After your registration is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5.  Subscription; Charges on Your Billing Account.

(a) PostYourProjects.com bills through an online account (“Billing Account”) for use of the Services. Registered Contractors agree to pay PostYourProjects.com all charges at the prices agreed to for any use of the Services by you or other persons (including employees and agents) using your Billing Account, and Registered Contractors authorize PostYourProjects.com to charge their chosen payment provider (“Payment Method”) for the Services. Registered Contractors agree to make payment using that selected Payment Method. PostYourProjects.com may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 5 includes any agreements made with PostYourProjects.com on the Website when becoming a Registered Contractor with the Services. The terms of payment will be based on the chosen Payment Method and may be determined by agreements with the financial institution, credit card issuer or other provider of the chosen Payment Method. If a Registered Contractor initiates a chargeback or otherwise reverse a payment made with their Payment Method, PostYourProjects.com may in our discretion terminate the corresponding account immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, the Registered Contractor involved is not entitled to a refund or to have their account or registration reinstated.

(b) All Registered Contractors will continue their registration indefinitely until cancelled by the Registered Contractor or PYP. After the initial registration commitment period, and again after any subsequent registration period, your registration will automatically continue for an additional equivalent period, at the price agreed to when registering. All Registered Contractors agree that their account will be subject to this automatic renewal feature. If any Registered Contractor does not wish their account to renew automatically, or if they want to change or terminate their registration, they will have to Contact Us online at www.PostYourProjects.com or send a letter regarding the changes to their registration or termination of their registration to: PostYourProjects.com, P.O. BOX 14183 Poland OH, 44514. If any registration is cancelled or terminated by a Registered Contractor, it may still be used until the end of the current subscription term and that registration will not be renewed after the current term expires. However, no prorated refund of any portion of the registration fee paid for the current registration period will be returned.

(c) By registering, you authorize PostYourProjects.com to charge the Payment Method chosen by you immediately upon registration and again at the beginning of any subsequent registration period. You also authorize PostYourProjects.com to charge for any sales or similar taxes that may be imposed on your registration payments. Upon the renewal of any registration, if PostYourProjects.com does not receive payment from the chosen Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that PostYourProjects.com may either terminate or suspend their registration and continue to attempt to charge your chosen Payment Method provider until payment is received (upon receipt of payment, their registration will be activated and for purposes of automatic renewal, the new registration commitment period will begin as of the day payment was received).

(d) Registered Contractors must provide current, complete and accurate information for their Billing Account. All Registered Contractors must promptly update all information to keep their Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and they must promptly notify PostYourProjects.com if their Payment Method is canceled (including if they lose their card  or it is stolen), or if they become aware of a potential breach of security (such as an unauthorized disclosure or use of their name or password). If you fail to provide PostYourProjects.com any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for their credit or debit card as provided by their credit or debit card issuer.

6. Non-commercial Use by Users.

The Website is for the personal use of individual Users to verify the Registered Contractor employed for home or business service or repair work and may not be used in connection with any other commercial endeavors which are not part of the Services. Illegal and/or unauthorized uses of the Website, including, but not limited to, collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive relief. Use of the Website is with the permission of PostYourProjects.com, which may be revoked at any time, for any reason, in PostYourProjects’s sole and absolute discretion.

7. Account Security.

Upon completion of the registration process, you will receive an account identification number and be asked to provide a username and password. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PYP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PYP will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window’s Live ID to your PostYourProjects.com account. You also agree that you will provide truthful information during the registration process and that you are the author of any message you post. PYP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

8. User Interactions/Limitation of Liability.

(a) Users are solely responsible for any and all interactions with other users, whether the user is a project poster, registered contractor or other third party.  As a user, you understand and acknowledge that PYP does not conduct criminal background checks on its users, including, but not limited to, those persons identified as project posters, registered contractors or persons identified by registered contractors to be associated with a registered contractor as employees, agents, independent contractors or otherwise.  PYP reserves the right to conduct any criminal background check or other screenings on its users or on those persons identified by a user to be employees, agents and/or independent contractors of a user, at any time and using available public records.

(b) Without limiting the provisions of sections 16 and 17, hereof, in no event shall Postyourprojects.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, including without limitation, property damage, bodily injury, emotional distress and/or any other damages resulting from communications or meetings between users of the website or services or other persons you meet through the services.  Users agree to take reasonable precautions in all interactions with other users or other third parties you meet through the use of the services, particularly when the interaction concerns a home visit for service or repair work.

9. Content.

(a) You understand that all information: data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials (“Content“) placed, published, displayed, uploaded, e-mailed or otherwise transmitted or made available by Users using the Services (“post”), including by way of any attachment thereto are the sole responsibility of the person from whom such Content originated. This means that you, and not PYP, are entirely responsible for all Content that you post through use of the Services. You understand that any Content posted by a User of the Services expresses only the views of the User and does not reflect the views of PYP.

(b) PYP does not control the Content posted by Users of its Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, defamatory or otherwise objectionable. You agree that under no circumstances will PYP be liable in any way for any content, including but not limited to, any errors or omissions in any content, any offensive, indecent, defamatory or otherwise objectionable nature of any content, or any loss or damage of any kind incurred as a result of your use or viewing of any content posted, emailed, transmitted or otherwise made available by users of the Services.

(c) You acknowledge that PYP may or may not pre-screen the Content provided by Users of its Services. You acknowledge that PYP or its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content from the use of its Services. Without limiting the foregoing, PYP and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

(d) By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to PYP, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by PostYourProjects.com will not infringe or violate the rights of any third party.

10. Prohibited Activities and Content.

You agree that you will not use our Website or Services to:

(a) impersonate another person or entity;

(b) expressly state or imply that any statements made or services provided by a User are endorsed by PYP without our specific prior written consent;

(c) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, the Services or its content;

(d) upload, download, post, email, distribute, transmit, reproduce in any way, or otherwise make available any Content, including through attachments thereto, that infringes any patent, trademark, trade secret, copyrighted material, or other proprietary rights of any party, without obtaining the prior consent of the owner of such proprietary rights;

(e) remove any copyright, trademark or other proprietary rights notices contained on this Website;

(f) interfere with or disrupt the Services or the Website or the servers or networks connected to the Website;

(g) upload, download, post, email, distribute, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service or “frame” or “mirror” any part of the Service or the Website, without PYP’s prior written authorization or use meta tags or code or other devices containing any reference to PYP or the Services or the Website in order to direct any person to any other web site for any purpose;

(i) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Website or any software used on or for the Service or cause others to do so;

(j) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(k) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(l) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(m) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and

(n) reproduce, duplicate, copy, sell, trade, resell or exploit for any purpose, any portion or information from your use of the Services, including user names, addresses and email addresses, or access to the Services. The foregoing is a partial list of the kind of activities and Content that are prohibited on the Website.

11. Modification or Termination to Service.

PYP, in its sole and absolute discretion, reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. All Users agree that PYP shall not be liable to them or to any third party for any modification, suspension or discontinuance of the Services.

12. Blocking of IP Addresses.

In order to protect the integrity of the Services, PostYourProjects.com reserves the right at any time in its sole discretion to block all Users from certain IP addresses from accessing the Website.

13. Copyright and Intellectual Property Policy; Links.

(a) Users of the Services acknowledge and agree that PYP has the exclusive rights and privileges in and to the intellectual property rights of and with respect to providing the Services. Users acknowledge and agree that the Services are protected by U.S. Copyright laws, other intellectual property laws, international treaty provisions, and must be treated like any other material protected by intellectual property laws. Use of the material contained in the Services is intended solely for the individual and private use of the User. PYP grants you a license to use the Services solely for your own private, noncommercial purposes. You agree that you will not download, rent, lease, sell, license, sublicense, reverse engineer, reverse assemble, distribute, transmit, or otherwise transfer all or any portions of the Services or otherwise take any other action in violation of this provision or applicable law. Users of the Services further acknowledge and agree that PYP has propriety rights to its name, its logo, and its service marks and that the User will not use said marks without PVP’s express written consent.

(b) PYP has no responsibility for content on other web sites that you may find or access while using this Website, and thus, you acknowledge and agree that PYP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PYP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites and applicable intellectual property laws, and not the TOU, govern your use of that material.

(c) If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact PostYourProjects.com online at www.PostYourProjects.com or send a letter to: PostYourProjects.com, P.O. BOX 14183 Poland OH, 44514. You letter should contain the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Website;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

14. User Disputes.

Users are solely responsible for their interactions with other Users. PostYourProjects.com reserves the right, but has no obligation, to monitor disputes between Users.

15. Privacy and Communications.

Use of the Website and/or the Services is also governed by these TOU and our Privacy Policy. When a User uses the Website or Services or a contractor becomes a Registered Contractor, they agree and consent to receive email messages from PostYourProjects.com. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from PostYourProjects.com. For more information regarding these communications, please contact PostYourProjects.com online at www.PostYourProjects.com or send a letter with regarding your inquiry to: PostYourProjects.com, P.O. BOX 14183 Poland OH, 44514.

16. Disclaimers of Warranties.

(a) The website and the services are provided on an “as is” and “as available” basis.  PYP, its members, managers, officers, employees and agents expressly disclaim all warranties of any kind, whether expressed or implied, statutory or otherwise with respect to the services including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(b) PYP, its members, managers, officers, employees and agents make no warranty that: (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure or error free; (iii) the services will be accurate or reliable; and (iv) any errors in the software used to provide the services will be corrected.  PYP cannot guarantee and does not promise any specific results from use of the website or the services.  PYP makes no guarantees, either express or implied, regarding the services or repair work provided by the user.

(c) PYP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

(d) PYP is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website  or combination thereof, including injury or damage to user’s or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service.  Any materials downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(e) No advice or information, whether oral or written, obtained by you from use of the services shall create any warranty whatsoever.  Any advice that may be posted on the website is for informational and entertainment purposes only and is not intended to replace or substitute any professional, financial, medical, legal, or other advice.  PYP makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website.

(f) PYP is not responsible for any incorrect or inaccurate content posted on the website or any information provided in connection with the services, whether caused by users or by any of the equipment or programming associated with or utilized in the connection with the services.  Posteyourprojects.com is not responsible for the conduct, whether online or offline, of any user.   Under no circumstances will PYP or any of its members, managers, officers, employees, agents, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the website or the services, any content posted on the website or transmitted to a user, or any interactions between users of the website, whether online or offline.

17. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, you expressly understand and agree that PYP and its members, manager, officers or agents shall not be liable to you for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profit, goodwill, use , data or other intangible losses (even if PYP has been advised of the possibility of such damages), resulting from (a) the use or inability of use the services; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the use of the services; (c) unauthorized access to or alteration of your transmission or data; (d) statements or conduct of any third party using the services; or (e) any other matter relating to the services.  Not withstanding anything to the contrary contained herein, PYP’s liability to any and all users for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by them to PYP for the services during their respective registered term.

18. Exclusions.

Some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to you.

19. Indemnification.

You agree to indemnify and hold PYP, its subsidiaries, affiliates, members, managers officers, agents, and employee, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of: (a) content you made available through your use of the services; (b) your violation of the TOU; or (c) your violation of any rights of another.

20. Governing Law and Forum Selection.

The TOU and the relationship between you and PYP shall be governed by the State of Ohio without regard to any conflict of law provisions. You and PYP agree to submit to the personal and exclusive jurisdiction of the courts located within Mahoning County Ohio.

21. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

22. Entire Agreement; Waiver; Amendment.

(a) The TOU, the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website constitutes the entire agreement between you and PYP regarding the use of the Website and the Services. If any provision of the TOU is held invalid, the remainder of the TOU shall continue in full force and effect.

(b) The failure of PYP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the PYP in any manner.

For any questions regarding this agreement, please contact PostYourProjects.com online at www.PostYourProjects.com or send a letter regarding your inquiry to: PostYourProjects.com, P.O. BOX 14183 Poland OH, 44514.

I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE TO BE BOUND TO ALL OF THE PROVISIONS CONTAINED THEREIN.