Welcome to SmartGuy.com, a division of Cristal Solutions, Inc., a California Corporation, having their principal place of business at16133 Ventura Blvd., Suite 700, Encino, CA 91436 (hereinafter collectively "SmartGuy.com").
YOUR ACCEPTANCE OF THIS AGREEMENT. This is an agreement between you ("you," "your" or "user") and SmartGuy.com ("SmartGuy.com," "we," "us" or "our") that governs your use of this website as well as theSMARTGUY.COM website (collectively referred to as"Site" or "Website")." When you access or use the Site in any way you agree to be bound by these terms and conditions ("Terms").
Your use of the Site will be subject to the most current version of the Agreement posted on the Site at the time of such use. If you breach any of the Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials downloaded or printed from the Site and cease any further use of SmartGuy.com's services. You will forfeit your right to any monies that have accrued, are accruing or may be accrued in the future from the from theRewards Program (alsoknown as the Affiliate Program) upon termination.
TERMS AND CONDITIONS OF USE OF SMARTGUY.COM
1. What is SmartGuy.com
SmartGuy.com is an online resource for consumers in need of local services or goods. Whether you are looking to buy a home, sell a home, fix a home, or finance a home, chances are you can locate a qualified service professional to help. We can also help you find a good doctor, find someone to get your car fixed, or even find a good wedding coordinator. In fact, SmartGuy.com allows you to search from our professional service providers . ("Contractors and Service Professionals"). EachContractor and Service Professionalhas submitted information about him, her or their company and service, which is accessible by you 24 hours a day, 7 days a week. In fact, many Contractors and Service Professionals offer a discount for mentioning you found them at SmartGuy.com.
SmartGuy.com makes available through the Site information, documents, images, products, software and various services (collectively the "Services"), subject to the following Terms in this Agreement.
SmartGuy.com provides a service directory of hundreds of Contractors and Service Professionals. Contractors and Service Professionals have submitted to SmartGuy.com a full profile, including: their years in business, office hours, company overview, payment options, languages spoken, trade/business associations, locations, as well as any special discounts available.Simply enter the category andservice type along with your zip code and you can select from amongst the list of over 400 Contractors and Service Professionals. Once you select a Contractor and Service Professional, you can browse their web page filled with detailed information about their services, read reviews from local neighbors who have used them, check out any discounts offered, or contact them directly. Neighbors that have used that particular Contractor or Service Professional may rate and write reviews regarding the service provided. This information is available to you for free. This allows you to get an up-to-date impression of the Contractor or Service Professional from neighbors you trust. SmartGuy.com also provides you with numerous helpful articles and tips.
In using the Services and Site, you acknowledge that SmartGuy.com is not acting as your general contractor, agent, employee, independent contractor, partner, joint venturer, or advisor. It is your sole responsibility to select a Contractor or Service Professional and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements or other services (e.g. consult a lawyer regarding contracts, permits, and other necessary job documentation, or consult an insurance professional regarding the Contractor's, Service Professional's and/or your own insurance coverage requirements). SmartGuy.com does not recommend or endorse any specific Contractor or Service Professional, provide advice on which Contractor or Service Professional to select, or screen the Contractors' or Service Professionals' credit or legal standing.
We do not guarantee that we will be able to match your service needs with a Contractor or Service Professional or that there are Contractors or Service Professionals in your area that are capable and/or willing to complete your service needs. We make no guarantees or representations regarding the application or installation skills of such Contractors or Service Professionals or the quality of the job that he, she or they may perform for you if you elect to retain their services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Contractor or Service Professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Typically, state law governs your rights under any contract with a Contractor or Service Professional. Should you have a dispute with any Contractor or Service Professional, you must address such dispute to the Contractor or Service Professional directly, and you hereby agree to release SmartGuy.com (and our employees and agents, their officers, directors, shareholders, parents, subsidiaries, and independent contractors) and any other person, firm, or entity (including our business partners such as a product manufacturers or suppliers who may utilize the SmartGuy.com matching utility) from any damages, torts,or claims (including consequential, special exemptory 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 the Contractor or Service Professional or use of this site.
SmartGuy.com relies on electronic data provided by third parties and on statements made by Contractors or Service Professionals and their references to determine which Contractors or Service Professionals to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a Contractor's or Service Professional's record may have occurred which were not captured by the third party data. You are obligating yourself and thus become liable for the sources used. SmartGuy.com does not guarantee that any Contractor or Service Professional has licensing, bondingor insurance coverage at the time you enter into an agreement with the Contractor or Service Professional and SmartGuy.com makes no representation warranty as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the Contractor or Service Professional may cancel the insurance without SmartGuy.com's knowledge. Unless otherwise specifically stated, SmartGuy.com does not endorse any product or service described in, offered on, or linked to the Website.
3. Registration to Match User's Needs with Contractor or Service Professional
For SmartGuy.com to match your service needs with our Contractors or Service Professionals, you must complete a registration form, which requests contact information, such as name and email address, and detailed information about the service requested. No financial information, such as a credit card number, is collected from the consumer. We use this information to contact the user about our Services for which the user has expressed interest, to inform Contractors and Service Professionals of leads, and/or inform users about Contractors and Service Professionals they matched to. By providing this information to us in the registration form, you expressly consent to being contacted by us and/or by our Contractors or Service Professionals via phone, fax, email, mail or other reasonable means, at any of your provided contact numbers or addresses, in order that we may provide our Services, service your account, reasonably address matters pertaining to your account or for other reasonable purposes related to our business. Unique identifiers, such as username and password, are required.
4. Use of this Site and Services
You certify to us that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Services; (iii) you agree that all information you have submitted to SmartGuy.com, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Services or Site; and (iv) your use of the Services or Site is subject to all applicable federal, state, and local laws and regulations.
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct, data protection/ privacy and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
5. Password and security
SmartGuy.com grants you a personal, non-transferable and non-exclusive right and license to use the Services and Site by providing the user a user name and password to a single person. You agree not to provide any other individual access to SmartGuy.com via your login credentials. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify SmartGuy.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SmartGuy.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section or any sections.
7. Site Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. SmartGuy.com is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the Site. SmartGuy.com does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.. Under no circumstances will SmartGuy.com be liable in any way for any Content provided by users of the Site, Contractors or Service Professionals, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
8. Feedback, Ratings, Reviews, Rebuttals and Testimonials
Additionally, we collect feedback, ratings and reviews ("Ratings and Reviews") from users about the performance of Contractors and Service Professionals who work for them. We also collect general feedback and testimonials ("Feedback and Testimonials") from users, Contractors and Service Professionals using our Services and Site. By providing Ratings, Reviews, Feedback and Testimonials, you consent to our use, publication and/or distribution of such Ratings, Reviews, Feedback and Testimonials at no compensation to you. Further, if you are a Contractor or Service Professional, you acknowledge that all such Ratings, Reviews, Feedback and Testimonials are solely owned by SmartGuy.com, and you consent to the publication of Ratings or Reviews about you and your business.
If you provide Ratings, Reviews, Feedback or Testimonials, you hereby acknowledge and warrant that all of the information contained in the submitted Ratings, Reviews, Feedback or Testimonials will be factually accurate.
When Ratings, Reviews, Feedback or Testimonials are submitted to SmartGuy.com for publication, they become the property of SmartGuy.com and the contributing user, Contractor or Service Professional agree to assign all rights, title and interest in the content of the Ratings and Reviews or Feedback and Testimonials to SmartGuy.com.
In so far as the content of Ratings, Reviews, Feedback or Testimonials has not yet been assigned to SmartGuy.com, you hereby warrant that you are able to and, do in fact, grant to SmartGuy.com a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate and distribute and/or incorporate into other works in any form, media or technology now known or hereafter developed any copyrights, trademark rights or other proprietary rights in the content that are owned by you.
Ratings, Reviews, Feedback, Testimonials represent the opinion of the contributing user, Contractor or Service Professional. If SmartGuy.com determines that a contributing user, Contractor or Service Professional has submitted false or misleading information, SmartGuy.com reserves the right to delete the Content, Ratings, Reviews, Feedback or Testimonials and reject subsequent submissions from that contributing user, Contractor or Service Professional, and may terminate such user. SmartGuy.com does not take responsibility for the accuracy or completeness of Ratings, Reviews, Feedback or Testimonials. It is the responsibility of the Site's users to evaluate the accuracy, completeness and/or usefulness of any information, opinion, advice or other content found on the Site.
SmartGuy.com reserves the right to monitor Ratings, Reviews, Feedback, Testimonials and edit submissions by contributors to ensure compliance with these Terms and any applicable laws. SmartGuy.com further reserves the right to paraphrase or otherwise edit Ratings, Reviews, Feedback, Testimonials.
Material published including any Content, Ratings, Reviews, Feedback or Testimonials on the Site are the sole responsibility of the contributing user, Contractor and/or Service Professional. This means that a contributing user, Contractor or Service Professional, and not SmartGuy.com, is entirely responsible and liable for all material and content submitted to SmartGuy.com and which may be contained in Ratings, Reviews, Feedback and Testimonials.
SmartGuy.com reserves the right to deny requests, to remove any Ratings, Reviews, Feedback or Testimonials from the Site, including Contractors' and Service Professionals' profile information.
Under no circumstances will SmartGuy.com be liable in any way for any material and content, including but not limited to, any errors or omissions in any material and content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon the material and content published in Ratings, Reviews, Feedback and
10. Special Offers and Updates
12. Service Announcements
On rare occasions, it is necessary for SmartGuy.com to send you a strictly service related announcement, which are not promotional in nature. For instance, if our Services are temporarily suspended for maintenance, we may send you an email. Generally, users may not opt-out of these communications, although they can deactivate their account.
13. Prohibited Conduct
You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Services; (vi) use any robot, spider, scraper or other automated method to access the Services for any purpose without our express written permission, though such decision may be unreasonably withheld in Company’s sole discretion; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Services; or, (x) bypass the measures we may use to prevent or restrict access to the Services.
14. Copyright and Trademark Notice Information
All contents of our Website are: "Copyright 2011 SmartGuy.com, 16133 Ventura Blvd, Suite 700 Encino,CA 91436 and/or its Providers and third party vendors. All rights reserved." SmartGuy.com trademarks and service marks and other SmartGuy.com logos and product service names are trademarks of SmartGuy.com ("SmartGuy.com Marks"). You hereby agree, without the prior permission of SmartGuy.com, not to display, or use in any manner, the SmartGuy.com Marks. All other logos or brand names shown in connection with the Services are trademarks of their respective owners and/or licensors. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact the SmartGuy.com agent for notice of claims of copyright infringement immediately atDMCA@smartguy.com or 16133 Ventura Blvd. Suite 700, Encino, CA 91436.
15. Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the Site or as part of the Services are the intellectual property of SmartGuy.com or its respective owners. Except as expressly authorized by SmartGuy.com, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Services or the Software, in whole or in part.
SmartGuy.com hereby grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Services by any means other than through the interface that is provided by SmartGuy.com for use in accessing the Services.
The Site, through the Services or otherwise, may provide links to other websites, as well as having other websites provide inbound links to the Site. Such links are provided for your convenience and reference only. SmartGuy.com does not operate or control in any respect any information, software, products or services available on such websites. SmartGuy.com's inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. Because SmartGuy.com has no control over such websites, you hereby acknowledge and agree that SmartGuy.com is not responsible for the availability of such external websites, nor does SmartGuy.com endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that SmartGuy.com 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 use of or reliance on any such content, products, goods or services available on or through any such website.
SmartGuy doesnot guarantee a member's specific URL before or after you are listed on our service. SmartGuy reserves the right to change your SmartGuy URL at anytime, for any reason, and without any notification.
You hereby agree to indemnify and hold harmless SmartGuy.com, its subsidiaries, affiliates, agents, shareholders, officers, directors, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of the Agreement by you, or the infringement by you, or any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or of any act or omission.. SmartGuy.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
18. No Warranty
SMARTGUY.COM PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTGUY.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SMARTGUY.COM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
19. Limitation of Liability
IN NO EVENT WILL SMARTGUY.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF SMARTGUY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SMARTGUY.COM WITH RESPECT THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE SMARTGUY.COM AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICES. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT SMARTGUY.COM AND ITS PARTICIPATING PROVIDER NETWORK SHALL NOT BE HELD LIABLE OR RESPONSIBLE SHOULD CONFIDENTIAL INFORMATION BELONGING TO YOU BE INTERCEPTED AND SUBSEQUENTLY USED BY ANY UNINTENDED RECIPIENT.
21. Inquiries and Notices
SmartGuy.com may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Site. You agree to review the site for modifications to any agreements. All inquiries and notices must be made in writing and mailed to: SmartGuy.com, Attn: Legal Affairs, 16133 Ventura Blvd. Suite 700 Encino,CA 91436,
23. Dealings with Third Parties
Your correspondence or business dealings with any third parties as a result of your visit and participation in the Services, including, but not limited to, business dealings with Contractors and Service Professionals or any other terms, conditions, warranties and representations associated with such dealings, are solely between you and such third party. You agree that SmartGuy.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Services.
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties hereby agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in Los Angeles, California, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys' fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of SmartGuy.com's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT SMARTGUY.COM'S PLACE OF BUSINESS IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
25. Modification to Services
SmartGuy.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that SmartGuy.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
26. Waiver and Severability of Terms
The failure of SmartGuy.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
27. Disclosure of Your Information
You acknowledge, consent and agree that SmartGuy.com may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of SmartGuy.com, its users and the public.
28. Entire Agreement
This Agreement constitutes the entire agreement between you and SmartGuy.com, and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and SmartGuy.com with respect to the Site, the use of the Site and/or the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The following paragraphs shall survive termination or your refusal to continue to use the Services: 14, 15, 17, 18, 19, 20 and 24.
30. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICES OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 15. If the contract exceeds one year, then at the same time, you will not be able to file a claim against the client, either.
TERMS AND CONDITIONS FOR SERVICE PROFESSIONALS AND CONTRACTORS
In addition to the Terms set forth above, the following terms and conditions apply to Contractors and Service Professionals seeking membership to this Site.
Scope. This is a contract (referred to herein as this "Membership Agreement") between SmartGuy.com (hereinafter referred to as "SmartGuy.com," "us", "we" and "our") and you the Contractor and/or Service Professional ("you" and "your") for us to fulfill your registration form in our Contractors and Service Professionals profiles program ("Profiles Program"). The Membership Agreement contains the Terms set forth above in TERMS AND CONDITIONS OF USE OF SMARTGUY.COM plus the following terms and conditions.
Registration responsibilities. Access to and use of the Profiles Program is only available to individuals and companies that have registered with SmartGuy.com. In registering with SmartGuy.com, you agree to: (a) provide true, accurate, current and complete information about yourself or company, including but not limited to your address with zip code, as prompted by SmartGuy.com's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge that if acting on behalf of a company or business, that you are fully authorized by way of title (owner, director, principle, etc.) or by Letter of Authority to act on its behalf.
Use of the Site and Profiles Program. SmartGuy.com is concerned about the safety and privacy of all its users, Contractors and Service Professionals. Our Services and Profiles Program are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services and Profiles Program are not available to persons under the age of eighteen (18) or to anyone who may not legally work within the United States. Any misstatements and/or misrepresentations regarding the age, background, experience and/or eligibility for employment in the jurisdiction of the United States of any Contractor or Service Professional, or any other users of this Site, are not the responsibility of SmartGuy.com. SmartGuy.com may, but has no obligation to, monitor Contractor and Service Professional profiles, Reviews and Ratings, Feedback and Testimonials, actions, comments, and general usage of the Site and reserves the right to remove any user, Contractor or Service Professional not adhering to the Agreement or Membership Agreement.
Password and security. You will receive a password and account designation upon completing the Profiles Program registration process. This password and account designation is non-transferable. You agree not to provide any other entity access to SmartGuy.com via your login information. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify SmartGuy.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SmartGuy.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Registration And Subscription. Although users may use the service for free, Contractors and Service Professionals must register with, and belong to, SmartGuy.com's Profiles Program and pay the fees which they select that are set out in the Price List. The Price List is hereby incorporated into this Agreement. We reserve the right, at any time, to change any fees or charges for using the Services.
For a Contractor or Service Professional to join the Profiles Program (become a "Member"), you must provide accurate, current and complete information about yourself ("Your Registration Information") as prompted by our registration form, and agree to maintain and update Your Registration Information so that it is accurate, current and complete. You agree that SmartGuy.com may rely on Your Registration Information as accurate, current and complete. You acknowledge that if Your Registration Information is untrue, inaccurate, not current or incomplete in any respect, SmartGuy.com reserves the right to terminate this Agreement and your use of the Services and, in such event, you shall not be entitled to a refund of any unused subscription fees.
Leads Notifications and Free Lead Notifications. If a Contractor or Service Professional enrolls in the Profiles Program and becomes a Member, that Member will receive multiple communications from us. Ways we contact Members are via fax and/or cell text (SMS) messaging. Members, or prospective Members enrolled in a "Free Trial" if offered, can designate and opt-in on our Site or by contacting SmartGuy.com'sCustomer Service to receive leads in one or more of these formats.