LocalConstructionPros.com Listing Service Agreement
This LocalConstructionPros.com Listings Service Agreement (this "Agreement") is made and entered into by LocalConstructionPros.com and the business entity identified by you when registering and accepting this Agreement (the “Advertiser” or "Contractor" or any business owner) by clicking on the accept button or similar button or link, where such action is identified as having the effect of accepting this Agreement. You acknowledge, represent and warrant that you are authorized to enter into this Agreement on behalf of the Advertiser, that your Acceptance of this Agreement has the effect of making the Advertiser a party and bound to this Agreement, and that the information submitted by you to LocalConstructionPros.com, via online forms or otherwise, is authentic and correct.

Pursuant to this Agreement, Advertiser submits business listing(s) for, and/or link(s) to, its website(s) for inclusion on the LocalConstructionPros.com website. Such listings and links may be any of these two types: (1) Featured Listings, (2) Basic Listings. The terms and conditions applicable to each are set forth below.

1. LocalConstructionPros.com Waiver of Liability - General Users
The term "General User" pertains to any such user or visitor of LocalConstructionPros.com. When you search the LocalConstructionPros.com Directory, you will be provided with an online list of contractors in your area, if any, who may be interested in working on your project. You must contact the contractors on your own and submit your own project description and get your own estimates from these companies. LocalConstructionPros.com makes no guarantees nor endorsements regarding the skills or the quality of the job that the contractor(s) may perform for you if you hire them. LocalConstructionPros.com does not endorse or recommend the services of any particular contractor. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a contractor, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The contractors affiliated with LocalConstructionPros.com are not employees or agents of LocalConstructionPros.com, nor is LocalConstructionPros.com an agent of the contractors. LocalConstructionPros.com does not perform, and is not responsible for, any of the services requested by you in your project submission or via your Directory search. When you enter into a contract with any contractor, your rights are governed by the terms of that contract and by applicable federal, state, provincial and local laws. Should you have a dispute with any contractor, you must address the dispute with the contractor, or the contractor’s representatives directly.

BY USING THE LOCALCONSTRUCTIONPROS.COM SERVICE, YOU AGREE TO RELEASE LOCALCONSTRUCTIONPROS.COM (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS), LOCALCONSTRUCTIONPROS.COM’S AFFILIATE PARTNERS AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY LIABILITY, DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH CONTRACTORS.

NOTE: Do not rely solely on the information provided on this site for your hiring decisions. LocalConstructionPros.com does not accept any responsibility for the validity or accuracy of any contractor’s licensing or insurance information, for any information in the contractor's advertising or marketing materials, for any contractor’s performance or conduct, or for or any other matter related to the contractor/homeowner interaction. LocalConstructionPros.com makes no claim to verifying the authenticity or accuracy of any information or content before it is published to its website. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Site.

NOTE: LocalConstructionPros.com does not endorse or guarantee any companies or products in the "Buyer's Guide", and LocalConstructionPros will not be held responsible for any products or services from any of the advertisers in any way.
 

2. Payment Terms
Contractor storefront ads go live as soon as the PayPal payment is made. Our PayPal system accepts credit cards. Once the payment is made, the storefront ad will be live for the decided number of months. Your card will not be charged again unless you want to renew your subscription after the subscription period is up. After the subscription period is up, LocalConstructionPros.com will contact Advertiser via the email address provided by Advertiser, and the Advertiser will be provided with details of how to renew its Listing. If Advertiser fails to renew its listing within 30 days after the email renewal notice has been sent, LocalConstructionPros.com shall remove the listing without further notice to Advertiser.

Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify LocalConstructionPros.com in writing within thirty (30) days of any such charge; failure to so notify LocalConstructionPros.com shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by LocalConstructionPros.com. No other measurements or statistics of any kind shall be accepted by LocalConstructionPros.com or have any effect under this Agreement.

All payments made under this Agreement are non-refundable.

3. Editorial Basics and Requirements
LocalConstructionPros.com reserves the right, but not the obligation, to review Advertiser submissions. Advertiser represents and warrants that its listings, links and submissions to the LocalConstructionPros.com site and network partner sites do not, and will not include content, or links to content, which may result in a third party claim against, or civil or criminal liability to, LocalConstructionPros.com or its affiliate(s) or partner(s) or that otherwise violates applicable law or the terms of this Agreement, including, without limitation, content that is fraudulent, deceptive, libelous, defamatory, obscene, pornographic, adult-themed, infringing or that violates the privacy, publicity or any other right(s) of a third party. Advertiser hereby agrees to indemnify, defend and hold harmless LocalConstructionPros.com and its affiliates and partners, and any of their officers, directors, partners, shareholders, agents, licensees and employees, from and against all third party claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees, collectively, “Losses”) that may at any time be incurred by any of them by reason of any third party claims, suits or proceedings against any of them: (a) arising out of any breach by Advertiser of any duty, representation or warranty under this Agreement; or (b) arising from the content or subject matter of any Advertiser listing, link, submission or content of sites to which visitors can link through Advertiser’s links or listings.  LocalConstructionPros.com retains complete editorial discretion with respect to all listings and links, including, without limitation, regarding their selection, placement, keywords, title, descriptions and multi-links.


4. Cancellation
A. By Advertiser
Advertiser may cancel any and all listings and links hereunder, with or without cause, at any time, as follows with no further obligation of LocalConstructionPros.com, including, without limitation, any obligation by LocalConstructionPros.com to refund any fees paid hereunder by Advertiser:

To CANCEL, Advertiser must log into their account and delete their listing. This is the Advertiser’s responsibility. Electronic mail is not considered acceptable notice of cancellation. LocalConstructionPros.com is not responsible for altering, adjusting, or cancelling ads.
As long as any link or listing is active, Advertiser’s account and this Agreement will remain active and in force.

B. By LocalConstructionPros.com
You agree that LocalConstructionPros.com, in its sole discretion, may at any time terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, at the end of your subscription period or if LocalConstructionPros.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. LocalConstructionPros.com may also in its sole discretion and at any time discontinue providing the service. The limitations and disclaimers of warranties, and the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive any such termination.

5. Security
LocalConstructionPros.com endeavors to protect the security of Advertiser’s payment information by using PayPal as it’s only source of accepting payments. The Website Payment Standard system LocalConstructionPros.com employs allows the Advertiser to use credit cards in a secure manner. LocalConstructionPros.com does not handle or keep credit card numbers in any way. LocalConstructionPros.com will never have access to your credit card information.

It is important for Advertiser to protect against unauthorized access to its password and to its computer. Advertiser is responsible for maintaining the confidentiality of its account and password and for restricting access to its computer, and Advertiser agrees to accept responsibility for all activities that occur under its account or password.


6. Registration Information
In connection with Featured Listings and Basic Listings, Advertiser is required to submit registration information. All such information is retained by LocalConstructionPros.com subject to the terms and conditions of the privacy policy.


7. License
Subject to the terms and conditions of this Agreement, Advertiser hereby grants to LocalConstructionPros.com a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser’s listings and submissions, and any portion thereof, including, without limitation, Advertiser’s trademarks, trade names, service marks and logos set forth therein, solely to display and provide Advertiser’s listings and links in accordance with this Agreement; and (ii) incorporate in LocalConstructionPros.com’s directory.


8. Warranty Disclaimer
LocalConstructionPros.com MAKES NO WARRANTIES (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. LOCALCONSTRUCTIONPROS.COM’S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND LOCALCONSTRUCTIONPROS.COM’S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT LOCALCONSTRUCTIONPROS.COM’S SITE IS OPERATED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND THAT LocalConstructionPros.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.


9. Limitation of Liability - Contractors
IN NO EVENT SHALL LocalConstructionPros.com OR ANY OF ITS AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED.


10. Privacy
In no event shall Advertiser collect, or cause or permit the collection of, any Personal Information from users of LocalConstructionPros.com site while such users are browsing or viewing LocalConstructionPros.com’s site, or place any file or code on the personal computers of users of LocalConstructionPros.com’s site while such users are browsing or viewing LocalConstructionPros.com’s site. LocalConstructionPros.com’s privacy policies shall apply to users of LocalConstructionPros.com’s Web Site while users are browsing or viewing LocalConstructionPros.com’s site, and Advertiser shall comply with same. LocalConstructionPros.com shall own all information relating to user access to LocalConstructionPros.com’s site, including, but not limited to, all Personal Information, demographics and usage information gathered there from. “Personal Information” includes an individual’s name, address, e-mail address, or any other contact or personal information about an individual or from which the personal information about an individual can be derived.

LocalConstructionPros.com is committed to protecting your privacy.  We will not sell, trade or rent your personal information. You, at any time, may request to no longer receive offers, at which time you will be removed from the list of offers within a 30 day period.LocalConstructionPros.com may provide marketing statistics to reputable third parties without disclosing contact information or any personally identifying information. LocalConstructionPros.com collects information though the use of cookies to determine the effectiveness of our site and to enhance your experience with us.

Third Party Advertising
Some of our business partners may use cookies on our Website (for example, advertisers). We have no access to or control over these cookies once our business partners have been given permission to set cookies. This privacy statement covers the use of cookies by HandyAmerican.com only and does not cover the use of cookies by any advertisers.

11. Miscellaneous
A. Applicable Law
This Agreement: (a) shall be governed by and construed in accordance with, the laws of the State of New York, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect. Exclusive venue for all disputes arising out of or related to this Agreement shall be the Superior Court of New York, and each party hereby irrevocably consents thereto. Any rights or obligations hereunder may not be transferred or assigned by Advertiser without the prior written consent of LocalConstructionPros.com.

B. Modifications:
LocalConstructionPros.com reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.

C. Minimum Age Requirements:
No person under the age of 18 is allowed to participate in our advertising program. There are no exceptions.


12. LocalConstructionPros.com customer service phone line
LocalConstructionPros.com makes no guarantees or warranties as to the accuracy or completeness of, or results to be obtained from, information provided by the LocalConstructionPros.com customer service phone line.

Neither LocalConstructionPros.com nor its officers, directors, affiliates, employees and agents, nor any other person, firm, or entity shall be liable to any customer service phone line user or anyone else for any inaccuracy, error or omission of information, nor for the actions of, nor results obtained from, any contractor or service provider that the LocalConstructionPros.com customer service phone line may dispatch or suggest, regardless of cause, or for any and all claims or damages of any kind resulting therefrom.


13. LocalConstructionPros.com Video Component
LocalConstructionPros.com makes no guarantees or warranties as to the accuracy or completeness of, or results to be obtained from, information provided by the LocalConstructionPros.com Video Component. Neither LocalConstructionPros.com nor its officers, directors, affiliates, and agents, nor any other person, firm, or entity shall be liable to any Video watcher or anyone else for any inaccuracy, error or omission of information, nor for the actions of, nor results obtained from, any contractor or service provider that any LocalConstructionPros.com Video may suggest, regardless of cause, or for any and all claims or damages of any kind resulting there from. LocalConstructionPros.com did not film these videos, nor does LocalConstructionPros.com endorse any methods or companies in any of the videos displayed on the site. The LocalConstructionPros.com videos have been embedded from YouTube.com, and they are for viewing entertainment only.


14. LocalConstructionPros.com Articles and Forum
LocalConstructionPros.com may remove any article or forum entry without prior consent of the writer or member, and the writer or member will not be notified. LocalConstructionPros.com is not responsible for the contents of articles or forum entries.