Contractor Hub, INC d/b/a Contractor Hub (“Contractor Hub”) provides reviews and ratings on a variety of service contractors and health related providers (collectively, “Service Providers”) to you, the user (“You”), to allow You the opportunity to read about the experiences other users have had with these Service Providers and to provide Your own reviews and ratings on the Service Providers You use.
TERMS OF USE
CONTRACTOR HUB SERVICE
Contractor Hub provides reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences other users have had with these Service Providers and also provides You with the opportunity to provide Your own reviews and ratings on the Service Providers You use (collectively, the “Service“).
REGISTRATION INFORMATION
As a condition of Your use of the Service, You agree to (a) provide Contractor Hub with true, accurate, current and complete information as prompted by the Contractor Hub’s registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.
MINIMUM AGE
If You are under the age of eighteen (18), You are prohibited from using or registering for the Service.
USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
PRIVACY POLICY
Contractor Hub has established a privacy policy to explain to You, and other users, how Your personal information is collected and used. This privacy policy is located at www.contractorhub.com/Faqs.asp#privacypolicy.
SERVICE FEES AND BILLING METHODS
Contractor Hub will charge You a membership fee in order to provide the Service (the “Membership Fee”). You acknowledge that Contractor Hub reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees for access to the Service may be made either on a monthly or annual basis. Annual Membership Fees may be paid in advance by check or by credit card. Monthly Membership Fees shall only be paid in advance by credit card. If You select to pay Your Membership Fees with a credit card, the terms of such monthly and annual plans are listed below.
Monthly Payment Plan:
If You select the monthly payment plan, each month Contractor Hub will automatically renew Your membership at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card information on file with Contractor Hub. Each monthly renewal payment will take place on or about Your expiration date. If the renewal of Your monthly membership fails for any reason, we will attempt to process Your renewal for a period up to ninety (90) days. You agree that Contractor Hub will not provide You with any notices prior to each monthly renewal payment.
Annual Payment Plan:
If You select the annual payment plan, Contractor Hub will provide You with a reminder notice approximately sixty (60) days prior to Your expiration date. This notice will serve as a reminder that Contractor Hub will renew Your membership at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card information on file with Contractor Hub. Such annual renewal payment will take place on or about the 1st of the calendar month in the month in which Your membership expires. If the renewal of Your annual membership fails for any reason, we will attempt to process Your renewal for a period up to ninety (90) days.
Canceling Your Membership:
Monthly Payment Plan: If You decide to cancel Your monthly membership with the Service, Your cancellation request must be received no later than 5:00 p.m. on the business day prior to Your scheduled renewal payment date.
Annual Payment Plan:
If You decide to cancel Your annual membership with the Service, your cancellation request must be received no later than 5:00 p.m. on the business day prior to Your scheduled annual renewal payment date.
ACCOUNT SECURITY
Contractor Hub will assign You a user ID and a password when You register. Your user ID and password may only be used by You. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, Contractor Hub grants You a limited license to access and use the reviews and ratings offered by the Service for Your personal purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the reviews and ratings and any content, without the express written consent of Contractor Hub.
SUBMISSIONS OF REVIEWS
In order for You to submit Your own reviews and ratings on the Website and in the Magazine, You acknowledge and agree that:
(a) all of Your reviews and ratings will be based upon (i) Your actual first-hand experiences with the Service Providers.
(b) all of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;
(c) You will not submit more than one (1) review or rating in a single category of Service Providers within any six (6) month period;
(d) You do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which You submit reviews and ratings;
(e) You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews and ratings;
(f) You are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which You submit reviews or ratings; and
(g) Your name and report information will be made available to the Service Providers on which You report.
CONTENT LICENSE
Although Contractor Hub does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the “Content”), by providing Content for the Website and the Magazine, You automatically grant, and You represent and warrant that you have the right to grant, to Contractor Hub an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Contractor Hub with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
PUBLICATION AND DISTRIBUTION OF CONTENT
Contractor Hub does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Contractor Hub simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Contractor Hub does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Contractor Hub has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Contractor Hub member or any Service Provider. However, Contractor Hub reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Contractor Hub be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Contractor Hub relating to Content or Service Provider Content, and release Contractor Hub from any and all liability for or relating to any Content or Service Provider Content.
SERVICE PROVIDERS
Contractor Hub does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Contractor Hub is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Contractor Hub. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Service Providers.
You agree that Contractor Hub is not responsible for the accessibility or unavailability of any Service Provider or for Your interactions and dealings with them, waive the right to bring or assert any claim against Contractor Hub relating to any interactions or dealings with any Service Provider, and release Contractor Hub from any and all liability for or relating to any interactions or dealings with Service Providers.
USER CONDUCT
In connection with Your use of the Service, user represent and warrant that user:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any reviews that may be considered by Contractor Hub to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will submit thorough and thoughtful reviews of the Service Providers You review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
(e) will not submit reviews that comment on other users or the reviews of other users;
(f) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Contractor Hub, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
(g) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) will not take any action that would undermine the review and rating process under the Service;
(k) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(l) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(m) will not use the Service in any way that could interfere with the rights of Contractor Hub or the rights of other users of the Service;
(n) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Contractor Hub in connection with the Service;
(o) agree not to re-sell or assign Your rights or obligations under this Agreement;
(p) will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational or other purposes not related to Your personal purchasing, hiring or contracting decisions, the Website or the Magazine (and any and all of the content therein), without
the express written consent of Contractor Hub, which consent may be withheld by Contractor Hub in our discretion; and
(q) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing.
The reviews and ratings that You provide do not reflect the views of Contractor Hub, its officers, managers, owners, employees, agents, designees or other users. In addition, Contractor Hub retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Contractor Hub may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Contractor Hub may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
DISCLOSURE OF INFORMATION
Contractor Hub may make Your identifiable information, account information and the Content available to our employees and third parties with whom we contract for use to handle Your account. In addition, Contractor Hub may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and Contractor Hub users to advertisers, Service Providers and other third parties. You agree that Contractor Hub may make such uses of information You provide or Contractor Hub collects.
You agree that Contractor Hub may access, preserve and disclose Your account information, any information provided by You to Contractor Hub, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, Contractor Hub believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Contractor Hub, its users and/or the public.
As Contractor Hub continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
TERM AND TERMINATION
The initial term of this Agreement will be as defined in Your membership plan, and will continue for automatic subscription renewals thereafter until terminated by either party in accordance with this Agreement.
If Contractor Hub deems it necessary, in its sole discretion, Contractor Hub may immediately terminate this Agreement, Your account and Your access to the Service. If Contractor Hub merely terminates Your account for its convenience and You are not in breach of this Agreement, Contractor Hub will refund Your membership fees on a pro rata basis from the date of such termination to the end of the then current term.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
MODIFICATION OF TERMS AND CONDITIONS
Contractor Hub will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.contractorhub.com). Contractor Hub will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Contractor Hub reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Contractor Hub will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Contractor Hub may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Contractor Hub has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that Contractor Hub has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Contractor Hub is not responsible for any delays, failures or other damage resulting from such problems.
USER FEEDBACK
Contractor Hub appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Contractor Hub. In addition, none of the Submissions will be subject to any obligations of confidentiality and Contractor Hub will not be liable for any future use or disclosure of such Submissions.
COPYRIGHT MATERIALS
You acknowledge and agree that all Content and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Contractor Hub, and such Copyright Materials are the exclusive property of Contractor Hub and are protected by all United States and international copyright laws.
WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT CONTRACTOR HUB ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. CONTRACTOR HUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR CONTRACTOR HUB COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU ARE AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTRACTOR HUB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CONTRACTOR HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR HUB OR THE FAILURE OF CONTRACTOR HUB TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Contractor Hub’s membership fee. THEREFORE, TO THE EXTENT CONTRACTOR HUB IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, CONTRACTOR HUB’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF
MEMBERSHIP FEES (IF MEMBERSHIP FEES ARE PAID ON AN OTHER THAN MONTHLY BASIS IT WILL BE THE PRORATED VALUE OF MEMBERSHIP FEES OVER A ONE (1) MONTH PERIOD).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CONTRACTOR HUB CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO CONTRACTOR HUB THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR CONTRACTOR HUB, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS PARAGRAPH 23) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF CONTRACTOR HUB TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY CONTRACTOR HUB. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF CONTRACTOR HUB TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY CONTRACTOR HUB. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS PARAGRAPH. YOU HEREBY UNDERSTAND AND AGREE THAT CONTRACTOR HUB SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Contractor Hub, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the Content or other information provided by You to Contractor Hub or that You submit, transmit or otherwise make available through the Service; (c) Your use of the Service; or (d) any violation of any rights of another or harm You may have caused to another. Contractor Hub will have sole control of the defense of any such damage or claim.
NOTICE
You agree that Contractor Hub may communicate any notices to You under this Agreement, through email, regular mail or posting the notices on the Website. All notices to Contractor Hub will be provided by sending an email to info@contratorhub.net.
ENTIRE AGREEMENT
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Contractor Hub. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Contractor Hub regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Contractor Hub under this Agreement.
NOTE
This Agreement and the relationship between You and Contractor Hub will be governed by the laws of the State of Georgia, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Gainesville, Georgia and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Contractor Hub may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
PROVISIONS REMAINING IN EFFECT
In the event Your membership with Contractor Hub is terminated or lapses or You are no longer a user of Contractor Hub, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections CONTENT LICENSE , DISCLOSURE OF INFORMATION and all others after USERS FEEDBACK.
MISCELLANEOUS
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Contractor Hub’s rights if Contractor Hub fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Contractor Hub agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Contractor Hub as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.