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Terms of Use Agreement

Welcome to Madison Area Contractors.com, Madison’s building and construction internet resource operated by Madison Area Contractors, LLC. ("D/B/A/MadisonAreaContractors.com"). By using the MadisonAreaContractors.com Web site (the "Web site") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you are listed in our directory.

This Agreement sets out the legally binding terms of your use of the Web site and may be modified by MadisonAreaContractors.com from time to time, such modifications to be effective upon posting by MadisonAreaContractors.com on the Web site. This Agreement includes MadisonAreaContractors.com's Privacy Policy, and any notices regarding the Web site. You may also receive a copy of this Agreement by emailing us. Subject: Terms of Use Agreement.

  1. Eligibility. You must be able to provide a product or service to the construction industry to list your business on MadisonAreaContractors.com. By using the Web site, 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.
  2. Term. This Agreement will remain in full force and effect while you use the Web site and/or are a listed business. You may terminate your listing at any time, for any reason by contacting MadisonAreaContractors.com by a written or email notice of termination. Your termination will be in effect upon receipt by MadisonAreaContractors.com. MadisonAreaContractors.com may terminate your business listing for any reason, effective upon sending notice to you at the email address you provide in your directory application, or such other email address as you may later provide to MadisonAreaContractors.com. If MadisonAreaContractors.com terminates your business listing, because you have breached the Agreement, you will not be entitled to any refund of unused listing fees. Even after your business listing is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, and 9-13 of this Agreement.
  3. Non Commercial Use. The web site is for business and consumer use only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the web site, including collecting usernames and/or email addresses of businesses by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
  4. Proprietary Rights in Content on MadisonAreaContractors.com. MadisonAreaContractors.com owns and retains all proprietary rights in the Web site and the Service. The web site contains the copyrighted material, trademarks, and other proprietary information of MadisonAreaContractors.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
  5. Content Posted on the Site.

 

a.

You understand and agree that MadisonAreaContractors.com may review and delete any content, photos or profiles (collectively, "Content") that in the sole judgment of MadisonAreaContractors.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of web site users.

 

b.

You are solely responsible for the Content that you transmit to other businesses listed in the web site directory and/or users or MadisonAreaContractors.com.

 

c.

By posting Content to any public area of MadisonAreaContractors.com, you automatically grant, and you represent and warrant that you have the right to grant, to MadisonAreaContractors.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, 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.

 

d.

The following is a partial list of the kind of Content that is illegal or prohibited on the web site. MadisonAreaContractors.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the listing of such violators. It includes Content that:

 
 

is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

 
 

harasses or advocates harassment of another person;

 

involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

 

promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

 

promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

 

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

 

solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

 

engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

 

e.

You must use the Service in a manner consistent with any and all applicable laws and regulations.

 

f.

You may not engage in advertising to, or solicitation of, other businesses to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other businesses. Although MadisonAreaContractors.com cannot monitor the conduct of its users off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any business without their prior explicit consent.

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

7. Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy.

8. Disclaimers. MadisonAreaContractors.com is not responsible for any incorrect or inaccurate Content posted on the web site or in connection with the Service, whether caused by users of the web site, or by any of the equipment or programming associated with or utilized in the Service. MadisonAreaContractors.com is not responsible for the conduct, whether online or offline, of any user of the web site or service. Madison Area Contractors.com 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. MadisonAreaContractors.com 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 web site or combination thereof, including injury or damage to users and/ 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. Under no circumstances will MadisonAreaContractors.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the web site or the Service, any Content posted on the web site or transmitted to users of the web site, whether online or offline. The Web site and the Service are provided "AS-IS" and MadisonAreaContractors.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MadisonAreaContractors.com cannot guarantee and does not promise any specific results from use of the web site and/or the Service.

9. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will MadisonAreaContractors.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the web site or the Service, even if MadisonAreaContractors.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MadisonAreaContractors.com’s liability to you 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 you to MadisonAreaContractors.com for the Service during the term of the listing.

10. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Web site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.

12. Indemnity. You agree to indemnify and hold MadisonAreaContractors.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. Other. This Agreement, accepted upon use of the web site and further affirmed by becoming a listed business of the Service, contains the entire agreement between you and MadisonAreaContractors.com regarding the use of the web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.