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USER AGREEMENT

MORRISHOMEPROS.com USER AGREEMENT

(Effective as of October 12, 2005)

Version 1.0

PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY. By using our Web site, and the services contained therein (collectively, the “Service”), you expressly agree to the terms and conditions of this User Agreement. If you do not agree to the terms and conditions of this User Agreement, you may not use the Service. We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on the Service.

1. Limitations on Use. As a user of the Service, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Service, including any content contained therein, in accordance with these terms and conditions. The Service is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Service. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Service. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Service, except to the extent permitted herein.

2. License of Your Content to MorrisHomePros.com. By uploading information or materials to, or submitting any information or materials for use on, the Service, you grant MorrisHomePros.com a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such information or materials and incorporate such information or materials into any form, medium, or technology now known or hereafter developed throughout the universe.

3. User’s Representations Regarding Content. You agree not to post or otherwise send to the Service or MorrisHomePros.com any information that is false, misleading or derogatory, or that otherwise contains profanity, personal attacks, ethnic slurs, personal information, or other offensive or inappropriate content that violates another’s rights. By submitting a review, you thereby represent that the review is based upon actual and true experiences with the contractor being reviewed.

4. Dealings with Contractors. Your correspondence or business dealings with a contractor found on or through the use of the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such contractor. You agree that MorrisHomePros.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. MorrisHomePros.com does not make any representations or warranties regarding the services of the contractors listed and/or reviewed herein.

5. DISCLAIMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MorrisHomePros.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. MorrisHomePros.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MorrisHomePros.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

6. Indemnity. You agree to indemnify and hold MorrisHomePros.com, and its subsidiaries, affiliates, officers, agents, employees, partners and licensors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or materials you submit, post, transmit or otherwise make available to the Service, your use of the Service, your connection to the Service, your violation of this User Agreement, or your violation of any rights of another.

7. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MorrisHomePros.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MorrisHomePros.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ANY GOODS OR SERVICES PROCURED THROUGH OR WITH THE ASSISTANCE OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE EXTENT LIABILITY ATTACHES TO MorrisHomePros.com IN CONTRAVENTION OF THESE TERMS, MorrisHomePros.com's SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

8. Linking. You may provide links only to the homepage of this Service, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give MorrisHomePros.com notice of such link by sending an e-mail to CustomerService@MorrisHomePros.com and (c) you discontinue providing links to this the Service if requested by MorrisHomePros.com, in its sole discretion.

The Service may provide links to other Web Sites. The linked sites are not under the control of MorrisHomePros.com and MorrisHomePros.com is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. MorrisHomePros.com is not responsible for any other form of transmission received from any linked site. MorrisHomePros.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MorrisHomePros.com of the site.

9. Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MorrisHomePros.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

10. Registration. Certain sections of the Service require you to register. If registration is requested, you agree to provide MorrisHomePros.com with accurate, complete registration information. Additional terms and conditions may also apply. It is your responsibility to inform MorrisHomePros.com of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. MorrisHomePros.com does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify MorrisHomePros.com emailing CustomerService@MorrisHomePros.com.

11. Unlawful Activity. MorrisHomePros.com reserves the right to investigate complaints or reported violations of these terms and conditions and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. MorrisHomePros.com reserves the right to remove or alter the content of any review deemed offensive or in violation of MorrisHomePros.com's policies, in its sole discretion.

12. Notice and Procedure for Defamation and Related Claims. If you believe that you have been defamed in any way or that your intellectual property rights or other rights have been violated, please provide MorrisHomePros.com’s with the following information:

(a) a description of where the material that you claim is objectionable is located on the Service;

(b) your address, telephone number and email address;

(c) a statement by you that you have a good faith belief that the disputed information, comment, materials or content is unlawful and the reasons why; and

(d) a statement by you, made under penalty of perjury, that the above information in your notice is accurate.

Notice of all claims shall be addressed as follows:

By mail:

Legal Department
CTRAK.net, LLC
2467 Route 10 East
Suite 45-5A
Morris Plains, NJ 07950
By email: Legal@MorrisHomePros.com

13. Exclusive Forum. This User Agreement shall be construed in accordance with the laws of the State of New Jersey, without reference to choice of law principles. You and MorrisHomePros.com each irrevocably consent to the personal jurisdiction of the federal or state courts located in New Jersey with respect to any action, suit or proceeding arising out of or related to this User Agreement, or your use of the Service, and waive any objection to venue for such an action, suit or proceeding whether based on forum non conveniens or otherwise.

14. Severability of Provisions. If any provision of these terms and conditions are deemed unlawful, void or unenforceable, then that provision shall be severed from the User Agreement and shall not affect its continuing validity and enforceability.

© 2009 CTRAK.net, LLC. All rights reserved.

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