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.
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