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These Terms of Use ("Terms") govern your access to and use of the www.wantacontractor.com services, including our website, mobile applications, and notification and messaging system (collectively, the “Services”), as well as any information, text, graphics, photos, videos, media, or other materials that you view, access, submit, post, or otherwise make available through the Services (collectively, the “Content”).  Wantacontractor.com is operated and controlled by Want A Contractor, Inc., an Illinois corporation.  Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms, which, by reference, incorporate our Privacy Policy and all other rules, policies, and procedures that we may publish through our Services from time to time.

Your use of our Services and any submission of Content shall confirm your agreement and acceptance of these Terms of Use and our Privacy Policy. You agree to be bound by these Terms of Use in accessing or using the Services in any way. If you do not accept or agree to comply with these Terms of Use, you must immediately discontinue your use of the Services and remove any of your Content that has been uploaded. 

    1. By accessing or using the Services, you represent and warrant that you are either (i) an individual over the age of 18, or an authorized agent on behalf of a company, organization, government, or other legal entity; (ii) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein; and (iii) that all registration information you submit is accurate and truthful. This provision is void where prohibited by law, and the right to access the Service in such jurisdictions is revoked. By using the Services, you represent and warrant that your use of the Services does not violate any applicable law or regulation. We may, in our sole discretion, refuse our Services to any person or entity, and/or change our eligibility criteria at any time.
    2. Persons under 18 are not permitted to use the Services with or without parental permission. We do not knowingly allow for minors under the age of 18 to access, view, post, create or control an Account, or otherwise use the Services.  We will take steps to terminate any Account of which we become aware was created or controlled by a minor under the age of 18.  In such cases, we may retain the associated email and IP address of said Account to  prevent the future circumvention of these Terms.  Without expanding our liability or limiting our rights herein, we expressly deny any responsibility or liability for any activity, whatsoever, including the transmission of any information or Content through our Services, on any Account for or by an individual under the age of 18. 
  2. REGISTRATION.  To access, view, or use the Services, consumers must create an Account by registering on our website.  Companies, Contractors, Subcontractors, and Vendors wishing to use the Services must register as a Business and complete payment pursuant to the level of membership desired.  Consumer and Business registrants may be referred to as “Users.”  Information provided during Registration must be accurate, complete, and updated. Registered Users are not permitted to use (i) a name, photo, logo, or other image of another person or entity with the intent to impersonate that person or entity; or (ii)  any name, photo, logo, or other image that is otherwise offensive, vulgar or obscene.
  3. LICENSE AND RIGHTS.  Upon Registration, we shall grant you a personal, non-exclusive, worldwide, royalty-free, and non-assignable license to use the Services on an as-is basis and in a manner that is compliant with all applicable terms, rules, policies, laws, and procedures.  You agree to automatically grant us a non-exclusive, worldwide, royalty-free, perpetual license to use the Content submitted on your Account in any way, whether in whole or in part, and in any medium or format now known or hereafter developed, and which shall include the rights to reproduce, edit, modify, adapt, translate, reformat, create derivative works from, incorporate into other works, advertise, distribute, display, and otherwise exploit such Content, and to make such Content available to other individuals, companies, organizations, and Account holders who partner with us.  
  4. RULES OF USE.  You are solely responsible for any and all Content and activity that occurs on your Account, for maintaining the confidentiality of your Account password, and for any consequences relating to the use of your Content by us, other users of our Services, and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners, and that you may be subject to liability if you did not have the right or authority to submit such Content through the Services. We will not be responsible or liable for any use by us of your Content in accordance with these Terms. You represent and warrant that you have the right, power, and authority to grant the rights herein to any Content you submit.  Furthermore, Users are prohibited from posting any Content which:
    1. Contains images or language that could be deemed offensive, abusive, insulting, threatening,  obscene, pornographic, or that is likely to offend, harass, upset, embarrass, defame, or which promotes or encourages racism, sexism, hatred, bigotry, terrorism, or the commission of any criminal offense;
    2. Impersonates any person or entity;
    3. Is false, misleading, untruthful or inaccurate;
    4. Constitutes unauthorized or unsolicited solicitation, advertising, junk, bulk, or spam;
    5. Contains software viruses, spyware, adware, corrupt files, worms, Trojan horses, or other malicious code or materials designed or intended to interrupt, damage, limit, or interfere with the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, or wrongly intercept, or expropriate any data or personal information;
    6. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or that violates any law or contractual duty.
    1. You understand, acknowledge, and agree that the Services are intended only to provide a means for registered Users to connect for business, construction, and contractual purposes.  You assume all risk when using or relying on the Services, including, but not limited to, all of the risks associated with any online or offline interactions with other Users.  Neither we, nor our respective subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders shall be liable in any way, whatsoever, for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, including without limitation, loss, bodily injury, emotional distress, death, and/or any other damages arising out of, or relating to, the conduct by you or others in connection with the use of the Services.  This shall include any claims, losses, or damages arising from the conduct of Users who have registered under false pretenses or with the intent to defraud or harm.
    2. We have no obligation to monitor or control any Content or Users on the Services and do not endorse, take responsibility for, or guarantee the completeness, truthfulness, quality, accuracy, or reliability of any Content posted on the Services or the performance of any contracted work arising out of or in connection with the use of the Services.
  6. THIRD-PARTY SITES.  The Services may permit you to link to other websites or resources on the Internet at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association with its operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
  7. INTELLECTUAL PROPERTY.  You agree that the Service contains Content specifically provided by us, our partners and the users of the Service and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  8. TERMINATION.  We may immediately terminate the Account of any User, any any time, with or without cause or notice, including for those who, in our sole discretion, have violated any of these Terms or applicable rules, policies, laws, and procedures, or participated in activities via the Services that may be prohibited or illegal.  Termination may result in the forfeiture and destruction of all information associated with that Account.  If you wish to terminate your account, you may do so by following the instructions on the Services.  All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. RENEWALS.  We may automatically renew paid memberships for the Services on the date that such memberships expire. Such renewals shall be for the same duration as the original membership term.  We will always communicate membership and renewal periods to you upon purchase of a membership and via electronic communication when the original membership will soon expire.  By entering into this Agreement, you acknowledge that your account may be subject to the above-described automatic renewals. You may opt out of automatic renewals by following the online instructions.

10.  WARRANTY DISCLAIMER.  We have no special relationship with or fiduciary duty to you. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) the correction of any defects or errors; any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.


12.  INDEMNIFICATION.  You shall defend, indemnify, and hold us harmless, and our affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services and Content, violation of the Terms of Use, or infringement by you, or any third party using the your Account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

13.  ELECTRONIC DELIVERY/NOTICE POLICY AND CONSENT.  By using the Services, you consent to receive from us all communications including notices, agreements, legally required disclosures or other information in connection with the Website or Services (collectively, "Notices") electronically. We may provide such electronic Notices by posting them on the Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of our Services.

14.  GOVERNING LAW.  These Terms of Use (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that we (and all Services) are deemed a passive website that does not give rise to personal jurisdiction over us or our respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Illinois.  You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Cook County in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

15.  ENTIRE AGREEMENT.  These Terms, which also incorporate our Privacy Policy and all other rules, policies, and procedures, are the entire agreement between you and us with respect to the Services and rights granted hereunder and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the same. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

16.  MODIFICATIONS.  We may modify or replace any of these Terms of Use, at our sole discretion, at any time, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail, or communications through the Services.  Your continued use of the Services after a published modification or revision of the Terms signifies your acceptance of the new terms contained therein.

17.  MISCELLANEOUS.  The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

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