User Agreement
Please review carefully the user agreement set forth below before using the UP4CONTRACT.COM web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to UP4CONTRACT.COM, Incorporated; herein referred to as UP4CONTRACT.COM. We reserve the right to amend or modify the User Agreement without notice, effective immediately, by updating this posting. This User Agreement is effective as of August 1, 2004. The UP4CONTRACT.COM web site is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the UP4CONTRACT.COM web site constitutes your agreement to all such terms, conditions, and notices. You acknowledge and agree that UP4CONTRACT.COM is owned and operated by UP4CONTRACT.COM Incorporated.
Section 1: Membership.
You must be at least 18 years of age and be legally capable of entering into a binding contract under applicable law. Without limiting the foregoing, the Service is not available to minors. If you do not qualify, please do not use any of our services including, but not limited to those that require your ability to form legally binding contracts. UP4CONTRACT.COM may refuse access to our services to anyone at any time, in its sole discretion. Complete details of membership can be found in the incorporated reference titled Members Terms and Conditions.
Section 2: Fees and Services.
UP4CONTRACT.COM may at any time amend our pricing policy for some or all of the services provided by UP4CONTRACT.COM, and we may or may not notify you in advance of any such amendments. The pricing that is applicable to you is the pricing that is in effect in these terms of service on the date of any applicable transaction. If you continue to use your account, you signify your acceptance of the amended pricing policy and agree to pay us all charges accrued by you under the amended pricing policy.
FEES: UP4CONTRACT.COM, does not charge monthly fees. UP4CONTRACT.COM does not charge fees for cancellation. UP4CONTRACT.COM does not charge for placing bids on contracts that are advertised on the website. All bidding is free. Currently, Up4Contract.com only charges for the optional visibility enhancements members can choose when advertising a contract. We know you work hard enough for your money and no one needs more hands in the cookie jar.
The way it works is, when a member advertises a contract with UP4CONTRACT.COM, that member enters an initial maximum dollar amount that they are willing to pay to have their contract completed for them. The dollar amount is then used as the starting bid for the contract when it is made available for other members to bid on. Upon the contract's offering time expiring, if the contract received at least one bid, the member who advertised the contract will be responsible to pay the member who had the winning bid as per the contract's instructions. If applicable, payments to UP4CONTRACT.COM must be paid within 30 days via our easy online payment service available in your UP4CONTRACT.COM online office. UP4CONTRACT.COM's accepted forms of payment are Visa, MasterCard, Discover, Money Orders, Cashiers Checks and Paypal.
SERVICES. UP4CONTRACT.COM provides a web site that allows registered members to advertise their contract needs on the website and allows registered members to bid on advertised contracts. UP4CONTRACT.COM is not involved in the actual transaction between members who advertise and the members who fulfill the advertised contract. Consequently, UP4CONTRACT.COM cannot ensure that a transaction will occur. Furthermore, should a transaction occur, UP4CONTRACT.COM has no control over the quality, safety or legality of the contract or service sold. The website acts as the venue for members to submit advertisements to purchase services they need performed within the various categories on the site; individual contractors may respond by bidding on the contract request.
Section 3: Free Trade.
UP4CONTRACT.COM cannot possibly authenticate or confirm each user's identity when using the Internet for trade. We have chosen to have our members regulate fellow members by utilizing the Scuttlebutt/Feedback Form. Your ratings whether good, bad or indifferent are all viewable by any of our members.
Section 4: UP4CONTRACT.COM is only a site.
UP4CONTRACT.COM was created to unleash the power of the Internet for its members. The active participation by each member creates an "open air environment" for members to make and complete transactions, thus creating a binding contract between Contractor and Advertiser. UP4CONTRACT.COM has no control over the accuracy, quality, safety or legality of contracts advertised by any member. UP4CONTRACT.COM does not have any knowledge of a member's ability to contract out a service or a member's ability to be the contractor to perform the service. You acknowledge and agree that UP4CONTRACT.COM is merely the "vehicle" that you have chosen to use for your transactions. Our service allows anyone to offer contract work from any place in the world as well as contractors to bid on the contract work offered on the site from any place in the world. All the legal ramifications, State, Federal, Municipal and Country of origin laws, statues, ordinances, permitting fees, taxation and or schedules of the agreement created by the two parties are the responsibility of the two parties, not UP4CONTRACT.COM. UP4CONTRACT.COM does not have any involvement in the actual transactions between Advertiser and Contractor. Therefore, we do not guarantee nor do we ensure that an Advertiser and a Contractor will actually complete a transaction.
Section 5: Recognition of responsibility.
It is acknowledged and agreed that UP4CONTRACT.COM is not involved in the actual transactions between Advertiser and Contractor. In the event of a dispute among any users, you release UP4CONTRACT.COM (its officers, employees, directors, parent company, subsidiaries and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature known and unknown, suspected, unsuspected, disclosed, undisclosed arising out of or in any way connected with such disputes. We are not intended as a legal reference. Any specific questions or concerns should be referred to your attorney. California residents you waive California Civil Code:1542.
Section 6: Content and control.
You acknowledge and agree that we have no control over the information placed on our site by other users. You may find the information to be deceptive, offensive, inaccurate or even harmful. We encourage the use of common sense, caution and the practice of safe contracting (i.e. view scuttlebutt/feedback and verify contact information on Advertiser and Contractor) when using our site. Please remember there are risks involved when dealing with underage persons or people acting under false pretense while using our web site. Remember this is an Internet site that is available worldwide so other risks are involved such as dealing with international trade and foreign nationals. We recommend that you use keen judgment in all of your transactions.
The Web Site may contain links to third-party web sites not under the control or operation of Up4Contract.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
Section 7: Bidding and Contracting.
If you are the lowest bidder at the close of an advertisement (you have met applicable minimum bid) and the Advertiser accepts your bid, you are obligated to complete the transaction with the Advertiser unless law or this agreement prohibits the transaction. If you bid on a contract, you are agreeing to be bound by the terms and conditions of the contract advertised in the contract's description unless they are unlawful or violate this agreement. Bids are not retractable unless the Advertiser significantly changes the contract description after you have placed a bid, there is a pronounced typographical error, or that the Advertiser cannot be authenticated.
Section 8: Listing and advertising.
You acknowledge and agree that you must be legally allowed to Advertise the contract you are advertising on our site. You must fully describe your contract and disclose all terms and conditions of the contract on the advertising page of our site. Your advertisings must be placed in the appropriate category. Contract advertisings may only use text descriptions, graphics, pictures and other relevant content to aid in the successful contracting of the contract. If you receive at least one bid that meets your stated maximum price at the close of your advertisement, you are obligated to complete the transaction unless you are unable to authenticate the Advertiser/Contractor�s identity. Disputes between Contractor and Advertiser do not negate the contract service fee due to UP4CONTRACT.COM for the use of the sites service.
Section 9: Fraud.
UP4CONTRACT.COM may suspend or terminate your account if we suspect that you have engaged in any fraudulent activity in connection with our site. Suspicions can be confirmed by any other means and may include convictions, settlement and insurance investigations. We reserve the right to impose any other remedies deemed necessary and provided under applicable law.
Section 10: Changes and alterations.
Advertiser and Contractors cannot change, manipulate or alter the price of any contract or interfere with other users� advertising information or auction.
Section 11: Feedback.
You acknowledge and agree that you may not take any actions to manipulate the integrity of the Scuttlebutt/Feedback forum. UP4CONTRACT.COM has created a rating system for Scuttlebutt/Feedback. Should your Scuttlebutt/Feedback fall below a 97% rating (three negative feedbacks per 100 transactions), your membership will be revoked and you will be unable to advertise or bid on the UP4CONTRACT.COM site.
All sites have different levels of acceptability; therefore, we do not condone sharing ratings. You acknowledge and agree that UP4CONTRACT.COM Scuttlebutt/Feedback is comprised of our memberships comments; therefore you cannot export or transfer your Scuttlebutt/Feedback or rating to any other venue other than UP4CONTRACT.COM, its partners and affiliates. Exportation would violate the memberships� privacy, as they are comments pertaining to their UP4CONTRACT.COM user experience. The rating system used on the Scuttlebutt/Feedback form belongs to UP4CONTRACT.COM. You also acknowledge and agree that other venue ratings obtained by their membership comments should receive the same respect of privacy for that venues membership and cannot be imported to our site. Again, we cannot stress this enough that all sites have different levels of acceptability.
Section 12: Breaches.
You agree and acknowledge if a member breaches this agreement or any documents it incorporates by reference, or we are unable to verify any of your "Registration Information" you provided to us or if we suspect that your actions may cause a "legal liability issue" for you, other users or us, our immediate remedy may be to issue a warning, suspend membership or revoke membership and refuse to provide our site service to you. We also reserve the right to utilize other remedies available under applicable laws, statues and regulations Domestic or International.
Section 13: Privacy.
We use every available reference and technology to ensure our privacy principals are set at a high industry standard. Complete details of privacy policy can be found in the incorporated reference titled Privacy Policy.
Section 14: Your information.
Your information is any information you provide via the UP4CONTRACT.COM website. It includes emails, registration, Scuttlebutt/Feedback, advertisings, or any other public message area on our site. Therefore, you are solely responsible for the information you provide; UP4CONTRACT.COM is merely the online vehicle you choose to use to distribute and publicize your information.
Information restrictions:
Your information as defined above: 1). Will not be false, inaccurate or misleading. 2). Will not infringe on any third party copyrights, patents, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. 3). Will not violate any law, statue, ordinance or regulation (the obvious inclusions are consumer protection, unfair competition, anti-discrimination, false advertising, laws governing import and export control and labor and trade laws), but these are not the limit of governing we suggest you research laws governing your advertising before posting. 4). Will not be defamatory in anyway, trade libelous, unlawfully threatening or harassing. 5). Will not be obscene or contain remarks of a sexual nature. There is no child pornography content. Information that is adult in nature or harmful to minors is prohibited. 6). Content must be free of any viruses (i.e. Trojan horses, worms, time bombs) or any other programming method that could interfere with the integrity of our web site. No programming method used to intercept or export any system data or personal information 7). Content will not create liability for us or cause us loss in whole or in part the services of our ISP or other suppliers. 8). No links, whether direct or indirect, that have descriptions of goods or services that: a). are prohibited by this agreement b). contain contracts that are not advertised on our site regardless of price c). are advertised with other on-line service providers d). you have no right to link or include links on our site. 9). You cannot advertise any contract on our site or complete any transaction initiated by using our service and paying us the sale service fee that could cause us to be in violation of any applicable law, statue, ordinance, regulation or that violates our current Censured Items advertise.
Section 15: Legal permit.
You acknowledge and agree that UP4CONTRACT.COM can use Your Information provided to us by you without violating any rights you may have in that information. You further agree to give us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sublicense able (via a tier system) right to exercise the copyright, publicity and database rights that you provided us in Your information in any means of disseminating information known or unknown at this time in reference to Your Information. Please note UP4CONTRACT.COM will only use this information in accordance with our Privacy Policy. Complete details of privacy policy can be found in the incorporated reference titled Privacy Policy.
Section 16: Plagiarism and hackers.
You acknowledge and agree to honor and respect the sites creative license by not using any avenue to copy our web pages or content contained within without our prior expressed written permission. You further agree that you will not use any means known or unknown to interfere or attempt to interfere with the site service being provided by UP4CONTRACT.COM. You also agree that you will not take part in any action to attempt to overload our system that would cause threat or weaken partners, our affiliates or our systems infrastructure. We are reasonable people and we ask that before you use any publicized documents from our site you ask for written expressed permission from UP4CONTRACT.COM to allow us to ensure that you would not be violating any infringements rights. However you do have the right to use any information you provided to us via our web site.
Section 17: Service offers no warranty.
UP4CONTRACT.COM and our suppliers provide this site and its services with no warranty or condition, expressed, implied or statutory; it is "as is". UP4CONTRACT.COM and our suppliers make no claim of implied warranties of title, merchantability, or fitness for a particular use or purpose and non-infringement. Allowance of implied warranty disclaimers vary from state to state. Check your states regulations to see if this applies to you.
Section 18: Limits of liability.
As UP4CONTRACT.COM is the "service vehicle" chosen by the users, we and our suppliers will not be held liable for lost profits or any special, incidental or consequential damages stemming out of or in connection with our site, services or this agreement, no matter how they arise including negligence. Our liability and our suppliers' liability regardless of circumstances to you or any third party is limited to 1). The dollar amount of the sales service fee you paid to UP4CONTRACT.COM not to exceed 12 months, prior to circumstance giving rise to liability. 2). An amount not to exceed $100.00. Allowance of liability limits and exclusions clauses limits vary state to state. Check you state regulations to find out if it is applicable to you.
Section 19: Exception from liabilities and penalties.
You acknowledge and agree that UP4CONTRACT.COM, our parent, subsidiaries, affiliates, employees, officers, directors and agents are indemnified harmless from any claim or demand, including reasonable attorney fees made by you or any third party due to or arising out of your breach of this agreement, or documents it incorporates by reference, or your violation of laws or rights of a third party.
Section 20: Compliance.
You agree that you are solely responsible for having complete knowledge of applicable domestic and international laws, federal, state or foreign taxation laws, statues, ordinances and regulations regarding your use of our service including but not limited to your bidding on, advertising, contracting, solicitation of contracts to contract, sale of items, classified ads and want ads.
Section 21: Operation activity.
You agree and acknowledge that you and UP4CONTRACT.COM are independent contractors. We have no agency relationship, partnership, joint venture, employee-employer or franchiser-franchisee relationship and none is implied nor is any intended to be created by this agreement or any other policies or schedules on this site.
Section 22: Mediations.
You agree and acknowledge that all legal claims and disputes stemming from or related to this agreement, exclusive of fee schedule for service, site operations, infringements in conjunction with or relating to intellectual property and our services will be settled through the use of binding mediations, in Palm Beach County, Florida. All commercial arbitration rules of the American Arbitration Association will apply. All disputes and legal claims are to be handled on an individual basis, no class action if other party consolidation mediation will be acceptable. Either party may seek interim relief from a court of competent jurisdiction in Royal Palm Beach, Florida to protect their rights or property pending the completion of the mediation. If either party files an action that contradicts this clause the other party is entitled to recover reasonable attorney fees not to exceed $100.00.
Section 23: Miscellaneous.
This agreement will be governed in all respects by the laws of the State of Florida, as they apply to agreements performed entirely within Florida between people whose primary residence is in Florida. As this is an Internet site we do not guarantee continuous uninterrupted or secure access to our services and operation of our site as it may be interfered with by numerous factors beyond our control. If any provision or clause of this agreement is held to be invalid or unenforceable that particular provision or clause shall be mute and all remaining provisions or clauses shall be upheld and enforced. You acknowledge and agree that this agreement and all incorporated documents and agreements can be transferred automatically by UP4CONTRACT.COM, at our sole discretion, to a third party in the event of a merger or acquisition. The use of headings and sections in this agreement are solely for reference purposes and are in no way meant to totally define the scope of the individual clause or provision. If we should fail to act on a breach by you or another user for whatever reason it does not waive our right to act on future or subsequent breaches of a similar nature.
This Agreement is deemed complete and sets forth the entire understanding and agreement between UP4CONTRACT.COM and you with respect to the subject matter contained herein.
The following: Fees and services, Recognition and responsibility, Legal permit, Plagiarism and hackers, Limits of liability, Compliance, Exception form penalties and liability and Mediation provisions and clauses will survive any termination or expiration of this Agreement.
Section 24: Disclosure.
UP4CONTRACT.COM owned by UP4CONTRACT.COM Incorporated, located at 139 Sparrow Drive, Suite 1B, Royal Palm Beach, Florida 33411, here under offers the service. If Florida is your permanent residence you may have this information emailed to you by sending a letter to the address above requesting the information along with your email address.
Disagreements and suggestions between you and UP4CONTRACT.COM in regard to the service we provide should be reported to Customer Service. We recommend you report all user to user disputes to your appropriate local law enforcement agency, the postmaster general and you may want to consider a certified mediation or arbitration entity. UP4CONTRACT.COM does not and has no intention of offering or becoming a user-to-user mediator. Our sole purpose is to be the "service vehicle" you chose to use for your Internet transactions. You may also report complaints to the:
Florida Department of Consumer Services Division
Consumer complaints at 800-435-7352
Section 25: Documents incorporated by reference.
Privacy Policy |
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