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ContractWars Terms and Conditions of Service
Terms and Conditions of Service (Project Posters)

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. If you have any questions, please contact us. 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. Individuals in need of a construction or maintenance type service submit their project online through the Site (www.homepyramid.com and www.contractwars.com), and member service providers who are interested in those projects ask for more information, setup an appointment, or submit estimates online. ContractWars also offers 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 any of the member service providers will be interested, able, or willing to provide the service you request. ContractWars also makes no guarantees as to the skills of any of the member service providers or the quality of work that they may perform. ContractWars does not recommend or endorse the services of any particular member service provider. 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. ContractWars does not perform and is not responsible for the service you request when you submit a project on our Site. If you hire one of our service providers it is up to you and the company to enter into a direct contract or other agreement. ContractWars does not guarantee that the contract or agreement will not be violated, the work will be performed, or that the outcome of the services provided will be what you expect. Your rights under any contracts or agreements you enter into with service providers 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 service provider directly, and you hereby agree to release ContractWars (and our officers, directors, affiliate, 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 service providers.

ContractWars is not an Auctioneer. The Site acts as a venue to allow people to connect to other people. We allow people 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 services advertised, the truth or accuracy of the listings, the ability of users to post projects or pay for the services requested, or the ability of the service providers to provide 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.

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 and 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 committed 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 the 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 without notice and at any time.

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
By submitting your request for a service on our website, you become a registered user. Your project is made available for casual users to search and view, but you will remain anonymous to the casual user. Only your project title, category, description, city, state, and zip code can be seen. No personally identifiable information is made available to the casual user. Only our member service providers who are interested in your project can communicate with you. You have the opportunity to remain anonymous to our service providers and only disclose your contact information to those you want to meet or work with. However, ContractWars reserves the right to release your contact information to one or more of our service providers if you do not respond for 24 hours or more using our online message board system. If you happen to enter your contact information into the project title and/or description field and we do not notice and delete this information during our screening process, please be aware that your contact information may be viewed by service providers and casual visitors to the Site. Please provide contact information in the correct fields only so that there will be no chance of this occurring. If your contact information is released in this manner, you agree to release ContractWars from any damages or claims arising from the situation. Individuals in need of construction, maintenance, or other types of related services who submit to us their request for these services consent to being contacted by ContractWars and any of our member service providers who are interested in providing the services you requested. We do not guarantee, however, that any of our member service providers will be interested or able to provide the service you request, or that you will receive any estimates. If you are having an emergency, do not use our service. If any of our member service providers express interest in your request it is up to you and the service provider to work out the contract and/or other agreements, and we do not guarantee that any of our members will not violate that contract or agreement. Furthermore, if you meet with or hire any of our member service providers we do not make any guarantees regarding their skills or quality of work performed. You are under no obligation to hire any of our member service providers. You are also under no obligation to keep your project posted until its expiration date. Our member companies (or "service providers") are not employees or agents of ContractWars, nor is ContractWars an agent of the member companies. ContractWars does not perform, and is not responsible for, any of the services requested by you when you submit a project. Your rights under contracts you enter into with the service providers are governed by the terms of such contracts and by applicable federal, state and local laws. Should you have a dispute with a service provider, you must address such dispute with the service provider 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 service providers. ContractWars may delete your project information at any time after your project has expired.

You acknowledge and agree that your use of the ContractWars services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the ContractWars website, including but not limited to project information, and 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, post, publish, or otherwise use such information other than for your personal use relating to your project. 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 all information you provide will follow the guidelines of these Terms including, but not limited to, the following guidelines. Any project you may submit cannot be concurrently listed for sale on a website other than ContractWars's (this does not prevent linking to or advertising a ContractWars item from another website). You may not submit any project 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.

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 request, 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 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 submitting a project, you are requesting, and you consent to being contacted by us and by our service providers 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 project 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 submit a project, you will also create an account and 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 a project's submitted information, which pertains to, but is not limited to, deleting contact information and altering typographical errors. If your project can be divided into multiple projects, ContractWars reserves the right to do so.

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, company profiles, licensing information, insurance information, ratings, reviews, etc. It is your responsibility to verify all information that is important to you. Please read our Contractor Verification Tips for tools and advice. 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: 1) breach of these Terms or the documents it incorporates by reference; 2) our inability to verify or authenticate any information you provide to us; or 3) the possibility of financial loss or legal liability for you, our users or ContractWars. Please read our Privacy Policy for more information about account termination.

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 you or any third party due to or arising from your use of the ContractWars services or in connection with the ContractWars website 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 work performed by any service provider.

 
 

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