This Web site and Workmasters’ services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Web site or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at info@Workmasters.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions on the Workmasters Website. These Terms & Conditions were last updated on 09/19/2011.
1. INTRODUCTION TO WORKMASTERS. Upon your registration, you may choose your own password or Workmasters will assign you a password to access the Workmasters services through the Workmasters Web site.
2. WORKMASTERS PROJECT AND TRADE PROFILES. At Workmasters we are committed to making your total Workmasters experience a positive one. However, we do not examine the credentials of listed project owners and/or the trade professionals referred by project owners, we make no guarantees or representations regarding the skills or representations of such trade professionals or the quality of the job that he or she may perform for you if you elect to retain their services. Workmasters may inform you of certain offers or discounts provided by a trade professional. Such offers or discounts are made solely by the trade professional, and Workmasters and Project Owners do not guarantee or warrant the pricing or discounts that a trade professional may offer you. Any quotes provided by Trade Professionals via the Workmasters website are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the Workmasters website. No contractual arrangement is created based upon the quotes provided to you from Trade Professionals (or your scheduling of an appointment with a Trade Professional) via the Workmasters website. To contract with a Trade Professional, you must work directly with the Trade Professional. Workmasters does not endorse or recommend the services of any particular trade professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a trade professional, and Workmasters and the Project Owners do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The trade professionals are not employees or agents of Workmasters or Project Owners, nor is Workmasters or Project Owners an agent of the trade professionals. Workmasters does not perform, and is not responsible for, any of the services listed via the Workmasters website. Your rights under contracts you enter into with trade professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any trade professional, you must address such dispute with the trade professional directly, AND YOU HEREBY AGREE TO RELEASE WORKMASTERS (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY PROJECT OWNERS, OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE WORKMASTES ADVERTISING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH TRADE PROFESSIONALS.
3. INFORMATION YOU PROVIDE TO US. Upon using the Workmasters project showcase and trade profile services, you will be prompted to disclose certain information about yourself and your projects, and you will be able to store information, such as photos, on our Web site. By providing this information to us, you expressly consent to being contacted by us via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your project and our business. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Workmasters has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Workmasters has the right to refuse any current or future use of the Workmasters services (or any portion thereof) by you. You are responsible for any use of the Workmasters services by persons to whom you intentionally or negligently allow access to your password.
4. CALL RECORDING. You acknowledge and agree that Workmasters may monitor and/or record any telephone calls between you and Workmasters.
5. YOUR USE OF THE WORKMASTERS WEBSITE OR SERVICES. You acknowledge and agree that your use of the Workmasters website or services is for your personal use and not for advertising purposes. You may not use the Workmasters website or services to recreate or compete with the Workmasters services, to solicit or harass Workmasters Project Owners or listed Trade Professionals, or for any other purpose not contemplated herein. You agree that all of the content and information posted on the Workmasters Web site, including but not limited to Trade Professional profiles, including any reviews or other content posted by you, is the sole and exclusive property of Workmasters, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Workmasters for any such damages, and will indemnify Workmasters in the event of any third party claims against Workmasters based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Workmasters Web site and services at any time. All information about trade professionals is confidential and for your personal use only. If it is determined or suspected by Workmasters in its sole discretion that you are misusing or attempting to misuse or circumvent the Workmasters services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Workmasters reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO WORKMASTERS AND ITS PROJECT OWNERS AND LISTED TRADE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A PROJECT PROFILE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO WORKMASTERS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF WORKMASTERS AND EACH OF THE AFFECTED PROJECT OWNERS AND LISTED TRADE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Workmasters server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Workmasters. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Workmasters Web site or any other Workmasters owned, operated, licensed or controlled site. Elements of Workmasters Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Workmasters web Site may be copied or retransmitted unless expressly permitted by Workmasters. WORKMASTERS AND/OR ITS RESPECTIVE PROJECT OWNERS AND/OR LISTED TRADE PROFESSIONLS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WORKMASTERS AND/OR ITS RESPECTIVE PROJECT OWNERS AND/OR LISTED TRADE PROFESSIONALS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WORKMASTES WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WORKMASTERS AND/OR ITS RESPECTIVE PROJECT OWNERS AND/OR ITS LISTED TRADE PROFESSIONALS AND/OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
7. LINKS TO THIRD PARTY SITES. The links in the Workmasters Web site will let you leave Workmasters’ Web site. The linked sites are not under the control of Workmasters and Workmasters 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. Workmasters is not responsible for webcasting or any other form of transmission received from any linked site. Workmasters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Workmasters of the site.
8. PROJECT OWNERS AND LISTED TRADE PROFILE DISCLAIMERS. Unless otherwise noted on a project file page or trade profile page, Workmasters.com uses the following criteria as part of its operating procedures for running the website.
Corporate Accounts: Some listed Trade Professionals are employees, franchisees, dealers, or independent contractors (“Corporate SP’s”) of larger national or corporate accounts (“Corporate Accounts”). In such event, the Corporate Account entity or one of their Corporate SP’s may be listed.
Featured Projects and Trade Profiles: Workmasters allows Project Owners to showcase their projects and Trade Professionals to post profiles about themselves and their business on the Workmasters Web site. Workmasters does not review or verify the information or representations set forth, as they are self-reported by the Project Owner and Trade Professional. Workmasters therefore makes no representations or warranties regarding any information posted by a Project Owner and Trade Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Workmasters. Workmasters does not make any representations or warranties that trade professionals are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of posting by a Project Owner, during the period they are listed on the Trade Profiles page, or thereafter. As circumstances can change daily, Workmasters advises consumers to check these matters for themselves especially at future dates. Workmasters does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: WORKMASTERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED RELATING TO LISTED TRADE PROFESSIONALS, OR INFORMATION OBTAINED OR PRESENTED BY LISTED TRADE PROFESSIONALS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE PROCEDURES OR STANDARDS ARE SUFFICIENT IS ACCURATE, TIMELY OR ERROR FREE.
9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY WORKMASTERS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE WORKMASTERS SERVICES OR IN CONNECTION WITH THE WORKMASTERS WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
10. GENERAL PROVISIONS. You acknowledge and agree that the Workmasters services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Workmasters’ sole obligation to you or any third party for any claim arising out of your use of the Workmasters services or the Workmasters Web site, is that you are free to discontinue your use of the Workmasters services or the Workmasters Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WORKMASTERS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT WORKMASTERS SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WORKMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Workmasters’ successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Workmasters to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Workmasters services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the Province of Alberta as such laws are applied to agreements entered into and to be performed entirely in the Province of Alberta and between Alberta residents. You agree to submit to jurisdiction in Alberta and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Edmonton, Alberta. These Terms and Conditions constitute the entire agreement between you and Workmasters and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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