CVTAP CONSUMER TERMS OF SERVICE
(Effective Date: June 2, 2020)
Thank you for your interest in Cvtappros.com is a Internet platforms (“Website“) owned and operated by Zenas Marketing, Inc., a Massachusetts corporation (“Cvtap Pros,” “we,” or “us“). Cvtap Pros provides consumers (collectively, “Consumers,” and individually, “Consumer,” “User,” or “you“) an online venue to find local service providers in various lines of work and commerce (collectively “Pros“). By using these Websites, you become a Consumer at no cost and will have the ability to seek referrals for services. References to Websites will include, but are not limited to, any and all uses of Cvtappros.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU, CVTAP PROS MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 15 BELOW). THESE PROVISIONS MAY, AT CVTAP PROS’ SOLE OPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CVTAP PROS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A REPRESENTATIVE OR CLASS MEMBER OF ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
1. Acknowledgement and Acceptance
1.2Amendments. You acknowledge and agree that Cvtap Pros may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly in Cvtap Pros’ sole discretion. Your continued use of the Website after any changes are made to this Agreement will constitute your consent to such changes. Cvtap Pros does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the most current version of the Terms of the Agreement.
2. Use and Age Restrictions.Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website. By using the Website, you represent and warrant that(a) you are at least 18 years old, are of legal age to form a binding contract with Cvtap Pros, and are otherwise capable of entering into binding contracts; and(b) if you are using the Website on behalf of a company, entity or other organization, that you are an authorized representative of the entity with the authority to and agree to be bound by this Agreement.
3. Referral Services
3.1Pro Contacts. Upon registration with Cvtap Pros, a Consumer may contact a Pro through the Website concerning desired services or work. Consumer must create a Cvtap Pros account before Contacting a Pro. The Consumer may select one or more Pros to conact through the phone number provided on the Pros’ profiles. When a Pro makes any communication with a Consumer, the Pro is acting on the Pro’s sole behalf and is not a representative or agent of Cvtap Pros or Zenas Marketing, inc. Cvtap Pros does not and cannot guarantee that there will be Pros who are capable of or willing to complete the services at the time and place requested or that Pro(s) will contact Consumer. All Pro Contacts must be lawful and not in violation of any city or county ordinance, state, local or federal laws. If Consumer needs additional or future services that are outside of the scope of work contained in Consumer’s original Pro Contacted, Consumer should return to Cvtap Pros for additional Cvtap Pros referral services.
3.2Agreement Solely with Pro. When a Consumer contacts a Pro, the Pro is acting on the Pro’s sole behalf and is not a representative or agent of Cvtap Pros or Zenas marketing, inc. You agree that Cvtap Pros is not responsible for the accessibility or unavailability of any Pro or for your interactions and dealings with any Pro, waive the right to bring or assert any claim against Cvtap Pros relating to any interactions or dealings with any Pro, and release Cvtap Pros from any and all liability for or relating to any interactions or dealings with any Pro. If Consumer decides to use the Pro’s services after contacting a Pro, Consumer and Pro may enter into an agreement for the Pro to perform services and the Consumer to pay the Pro for the services rendered. This agreement is solely between the Consumer and Pro. Cvtap Pros and The Zenas Marketing inc, are not parties to such agreement. Cvtap Pros and The Zenas Marketing inc, are not and will not be parties or third-party beneficiaries to any agreements entered into by and between Consumer and Pro. Accordingly, please consider carefully before you agree to a Pro’s offered services.
3.3Intellectual Property. By contacting a Pro, you represent that the contact and services sought do not infringe on the intellectual property of any third party, including, but not limited to, the work product of any contractors, design professionals, consultants, material suppliers, or manufacturers. Your description of the request and services sought must be truthful and accurate. Any Pro Contacted on the Website:(a) will not be fraudulent;(b)will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);(c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and(d) will not be obscene or contain child pornography; and(e)will not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4.1Pro Skill Profile. Cvtap Pros allow Pros to pick and choose the type of services or work they can perform, on the Website. The Skill Profile is self-reported by the Pro. Although Cvtap Pros may take certain steps to examine the credentials of Pros, Cvtap Pro makes no guarantees, promises, warranties or representations of any kind regarding the skills or representations of such Pros.
4.2Licensing. Pros are required to submit licensing when create an account. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. The term “Pros” will not be construed as a representation by Cvtap Pros or their affiliates that all Pros are properly licensed. Consumers are solely responsible for determining which licenses, if any, are required for their requested services and whether the Pro that Consumer selects is properly licensed. Before you proceed with a project, you should confirm all licensing requirements with your state and local authorities and your selected Pro. Cvtap Pros always recommends that you ask the Pro to provide you with a copy of their license(s).
4.3Insurance and Bonding. Pros may post information and documents concerning insurance policies and/or bonds covering their services. Cvtap Pros does not verify this information. Before you proceed with a project, you should confirm the Pro’s existing insurance coverages and limits and whether it has bonds in place.
4.4Relationship between You, Cvtap Pros and Pro. Cvtap Pros and Pro are separate entities and the employee of one of those entities is not an employee of another entity. Cvtap Pros is not an agent of Pro and Pro is not an agent of Cvtap Pros. Cvtap Pros is also not Your agent. In no event will Cvtap Pros be considered a general contractor, specialty contractor, construction manager, project manager, joint employer, joint venture, or partner of You, any Pro or its affiliates or their respective personnel.
4.5Consumer Verification Responsibility. YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE PRO, INCLUDING THE INFORMATION IN THE PRO’S SKILL PROFILE, IS ACCURATE. CVTAP PROS DOES NOT VERIFY ALL INFORMATION OR DOCUMENTS PROVIDED BY PROS AND EXPRESSLY DISCLAIMS ANY GUARANTEES, INDEMNITIES OR WARRANTIES CONCERNING SUCH INFORMATION. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF PROS, TO INVESTIGATE AND TO DETERMINE, AMONG OTHER THINGS, WHETHER PROS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT FEDERAL, STATE OR LOCAL-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE INSURANCE OR BONDING AT APPROPRIATE COVERAGES AND LIMITS.
4.6No Warranty or Endorsement of Pro Services. CVTAP PROS DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PRO. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. CVTAP PROS DOES NOT WARRANT THE PRO’S PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. CVTAP PROS DOES NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE PRO REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. CVTAP PROS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PRO OR THE PRO’S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S PRO REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT CVTAP PROS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
5. Payments to Pro. Consumer is solely responsible for paying the Pro for any work completed in accordance with the Consumer’s agreement with Pro and for making payment arrangements directly with Pro. Consumer may be required by its agreement with Pro to pay a deposit to Pro prior to Pro’s commencement of the work. Cvtap Pros will not be liable for any claims made by Consumer relating to, or arising out of, charges to a Consumer’s Cvtap Pros account authorized by Consumer’s agreement with Pro.
6. Cvtap Pros Guarantee
6.1Referral Service Guarantee. Cvtap Pros does not and cannot guarantee the work, materials supplied, or services rendered by the Pro. Cvtap Pros has no obligation or relationship whatsoever to the Consumer with regard to the provision of work, material or services by the Pro.
6.2Not Insurance or Security for Pro’s Performance. The Cvtap Pros Guarantee is neither insurance nor security for the performance of work, services, or materials supplied by Pro.
6.3Agreement to Communicate with Pro. Consumers dissatisfied with a job performed by a Pro agree to resolve issues directly with the Pro without the involvement of Cvtap Pros. If direct communications and efforts between the Consumer and the Pro do not satisfy Consumer’s concerns, Cvtap Pros may, in its sole discretion, contact Consumer and Pro to facilitate further communication regarding Consumer’s dissatisfaction. However, Cvtap Pros is not responsible or liable to either the Consumer or the Pro if a mutually acceptable resolution is not reached between Consumer and Pro. Cvtap Pros does not, at any time, become a party to Your dispute with the Pro.
7. Interactions and Disputes with Pros
7.1Disputes with Pros. Cvtap Pros will not directly participate in the resolution of any disputes between Consumers and Pros (collectively “Users“) and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
7.2Relationship Between Pros and Consumers. CONSUMER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH PROS, INCLUDING THE TERMS AND CONDITIONS OF ANY CONTRACT ENTERED INTO BETWEEN CONSUMER AND PRO. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS, INCLUDING WITHOUT LIMITATION, STATE LAWS RELATING TO HOME IMPROVEMENT CONTRACTS. SHOULD YOU HAVE A DISPUTE WITH ANY PRO, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY. CVTAP PROS IS NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PROS.
8. Release.In exchange for the referral service provided by Cvtap Pros and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you expressly agree to forever release and discharge Cvtap Pros, its officers, directors, affiliates, parent and subsidiary companies, employees and agents from any claims, demands, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way relating to your agreement with Pro and any work or services performed by Pro.
9. No Warranties. CVTAP PROS MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENTS OR SERVICES OF THE WEBSITE FOR ANY PURPOSE. CVTAP PROS DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. CVTAP PROS CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CVTAP PROS WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. CVTAP PROS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CVTAP PROS MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
THE PROVISIONS OF THIS PARAGRAPH 9 WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW. CVTAP PROS WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE, UNLESS SUCH DAMAGES ARE DIRECT DAMAGES AND ARE PROVEN TO BE THE RESULT OF THE NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS OF CVTAP PROS, IN WHICH CASE CVTAP PROS MAY ONLY BE LIABLE IN THE AMOUNT AND PROPORTION THAT CVTAP PROS’ ACTS OR OMISSIONS CAUSED SUCH DAMAGES.
10. Limitations of Liability
10.1 IN NO EVENT WILL CVTAP PROS, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT OR SUBSIDIARY COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (A) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, OR(B) THE CONDUCT OF A USER, PRO OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, DATA BREACHES, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. CVTAP PROS IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE. CVTAP PROS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, CVTAP PROS USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES, PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10.2 SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CVTAP PROS WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO(A) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, OR(B) THE CONDUCT OF A USER, PRO OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, DATA BREACHES, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE. CVTAP PROS MAY BE HELD LIABLE FOR DIRECT DAMAGES IF SUCH DAMAGES ARE PROVEN TO BE THE RESULT OF THE NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS OF CVTAP PROS, IN WHICH CASE CVTAP PROS MAY ONLY BE LIABLE IN THE AMOUNT AND PROPORTION THAT CVTAP PROS’ ACTS OR OMISSIONS CAUSED SUCH DAMAGES.
11. Content on Website
11.1Proprietary Rights. This Website and the material within it, with exception of User Content as defined below, are © 2022 Zenas Marketing inc. Viewing this Website creates a copy of Cvtap Pros materials in your computer’s random access memory and/or your hard drive and/or in your proxy server. The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the “Intellectual Property“) of Zenas marketing inc. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
11.2Copyright Policy. Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. Cvtap Pros can remove any User Content you post on the Website that violates this statement. If you believe that your work has been copied and posted on the Website in a way that constitutes infringement, please provide our Copyright Agent with the following information:(a)an electronic or physical signature of the person authorized to act on behalf of the owner of the interest;(b) a description of the work that you claim has been infringed;(c) a description of where the material that you claim is infringing is located on the Website;(d) your address, telephone number, and email address;(e)a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf. Copyright Agent for notice of claims of infringement can be reached as follows: Zenas Marketing, Inc. d/b/a Cvtap Pros, Attention: Boston Massachusetts.
11.3Content. Users may post information, reviews, comments and submit materials, suggestions, ideas, comments, questions, or other information (collectively “User Content“), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of Cvtap Pros. The reviews and ratings that You provide do not reflect the views of Cvtap Pros. Cvtap Pros reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
11.4Reliance on Content, Etc. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by Cvtap Pros, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. Cvtap Pros does not:(a) guarantee the accuracy, completeness, or usefulness of any information on the Website; or(b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Cvtap Pros or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
11.5Documents and Information Available on this Website. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) created using the contents of the Website is granted only if(a) the Copyright Policy above and this paragraph are included with such documents,(b)use of such documents from the Website 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(c) no modifications of any documents are made. Use for any other purpose without the express written permission of Cvtap Pros is expressly prohibited, 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 Cvtap Pros Website or any other Cvtap Pros owned, operated, licensed or controlled site (the “Cvtap Pros Websites“). Elements of Cvtap Pros Websites 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 Cvtap Pros Website may be copied or retransmitted unless expressly permitted in writing by Cvtap Pros.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
In the event that you provide Cvtap Pros with any feedback regarding the Cvtap Pros service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website (“Feedback“), such Feedback will be the property of Cvtap Pros who will have the right to use such Feedback and related information in any manner Cvtap Pros deems appropriate.
11.7Content Posted by You on the Website. You understand and agree that Cvtap Pros may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Cvtap Pros, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sub licensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by Cvtap Pros will not infringe or violate the rights of any third party. You grant Cvtap Pros and sub licensees the right to use the name that you submit in connection with such content, if they choose. Cvtap Pros takes no responsibility and assumes no liability for any content posted by User or any third party.
You are solely responsible for the User Content that you post on the Website or transmit to other users of the Website, including without limitation to Pros. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Cvtap Pros or to any other user of the Website. If information provided to Cvtap Pros, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Cvtap Pros in writing of such information.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. Cvtap Pros reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating Your access to the Website and services. It includes, but is not limited to, User Content that:
- is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that you know is false or misleading;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
- violates state and/or local consumer protection laws.
Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. Cvtap Pros reserves the right to investigate and terminate Your access to the Website and services if you have misused the Website, or behaved in an inappropriate, unlawful or illegal manner.
You acknowledge that a violation of the foregoing User Content provisions could result in significant damages to Cvtap Pros, and you agree that you are liable to Cvtap Pros for any such damages. Cvtap Pros reserves the right to revoke your access to the Website and services at any time and for any reason. With exception of information that is generally accessible to the public, all information about Pros is confidential and for your personal use only. If it is determined or suspected by Cvtap Pros in its sole discretion that you are misusing or attempting to misuse or circumvent the Cvtap Pros services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Cvtap Pros 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 direct and consequential damages, lost revenue, repairs, legal fees, costs and expenses, and to seek specific performance, injunctions or other equitable remedies.
11.8Modifications to Website. Cvtap Pros reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Cvtap Pros will not be liable to you or to any third party for any modification, suspension or temporary or permanent discontinuance of the Website.
11.9Blocking of IP Addresses. In order to protect the integrity of the Website, Cvtap Pros reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website.
11.11Disclaimers. Cvtap Pros is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. Cvtap Pros is not responsible for the conduct, whether online or offline, of any Consumer, Pro or other third-party users of the Website. Cvtap Pros assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, data breaches of, or alteration of, User input. Cvtap Pros is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other third party computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will Cvtap Pros or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury, death or property damage, resulting from anyone’s use of the Cvtap Pros Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Cvtap Pros Website is provided “AS-IS” and Cvtap Pros expressly disclaims any warranty of fitness for a particular purpose or warranty of non-infringement. Cvtap Pros cannot guarantee and does not promise any specific results from use of the Cvtap Pros Website.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Cvtap Pros makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website.
11.12Links. The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website. Because Cvtap Pros has no control over such sites and resources, you acknowledge and agree that Cvtap Pros is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Cvtap Pros will 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 upon, any such content, goods or services available on or through any such site or resource.
12. Termination of Account.This Agreement will remain in full force and effect while you use the Website and/or are a Consumer of Cvtap Pros. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to our email firstname.lastname@example.org. If you terminate your account, your account will be disabled within 14 days. Cvtap Pros may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to Cvtap Pros, or at your physical address or addresses provided to Cvtap Pros. All decisions regarding the termination of accounts will be made in the sole discretion of Cvtap Pros. Cvtap Pros is not required to provide you notice prior to terminating your account. Cvtap Pros is not required, and may be prohibited, from disclosing a reason for the termination of your account.
13. Cvtap Pros Customer Care Representative. Cvtap Pros may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your access to the Website and services. You acknowledge and agree that Cvtap Pros may monitor and/or record any telephone calls or online chat sessions between you and Cvtap Pros.
14. Arbitration and Waiver of Jury Trial.
14.1 You agree that Cvtap Pros may elect, in its sole discretion, to submit or require You to submit any dispute, complaint or demand (“Claim”) relating to or concerning in any way the Agreement or use of the Website to binding arbitration within a reasonable time after the Claim arises. Failure on the part of Cvtap Pros to elect binding arbitration will result in any Claim between You and Cvtap Pros being decided through litigation as provided in Section 14. Unless You and Cvtap Pros agree otherwise, any arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Home Construction Arbitration Rules in existence on the effective date of the Agreement. A court with jurisdiction will decide all issues of arbitrability, joinder, and consolidation.
IF CVTAP PROS CHOOSES TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR BY THE AAA HOME CONSTRUCTION ARBITRATION RULES (WHICH ARE AVAILABLE ON THE AAA’S WEBSITE). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
15.2JURY WAIVER. YOU AND CVTAP PROS IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PERFORMED THERETO.THE WAIVER OF RIGHT TO TRIAL BY JURY CONTAINED IN THIS PARAGRAPH 15.2 IS NOT APPLICABLE TO RESIDENTS OF CALIFORNIA.
15. Indemnification.Consumer agrees to indemnify, defend and hold harmless Cvtap Pros, its parents, subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of any act or omission of Consumer, except to the extent such loss is caused by Cvtap Pros’ sole negligence. It is agreed that with respect to any legal limitations now or hereafter in effect and affecting the validity and enforceability of Consumer’s obligation under this Indemnification clause, such legal limitations are made a part of Consumer’s obligation to the minimum extent necessary to bring this Indemnification clause into conformity with the requirements of such limitations, and as so modified, Consumer’s obligation will continue in full force and effect.
16. No Third Party Beneficiaries.Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Cvtap Pros and the Consumer, any benefit, right or remedy.
17. Survival.The following provisions will survive the abandonment, expiration or termination of the Agreement: Agreement with Pro, No Warranty or Endorsement, Interactions and Disputes with Pros, Release, No Warranties, Limitations of Liability, all provisions in the Content on Website section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, Indemnification, No Third Party Beneficiaries, Survival, and any other representations, guarantees and warranties of Consumer or provisions of this Agreement which obligate the Consumer after the abandonment, expiration or termination of this Agreement will be deemed to survive such abandonment, expiration or termination.
18. Calls and Text Messages
18.1 Consent to Receive Calls and Text Messages. By providing your telephone number(s) to Cvtap Pros, you consent to receive non-marketing calls and text messages from Cvtap Pros and its affiliates, service providers, agents, vendors, business partners, and third parties calling or texting on its or their behalf, including calls and text messages made with an autodialer or prerecorded voice, at the telephone number(s) that you provide. You may opt-out of these communications at any time, by send a written notice to our email email@example.com.
18.5 Support/Help. To request more information, send a written notice to our email firstname.lastname@example.org.
19. Electronic Notices.
19.1 You may have the opportunity to communicate with Cvtap Pros via e-mail, postal mail, telephone, and our web site. Cvtap Pros may issue notices via these various channels, including by sending an e-mail to an address you provide or a text message to a number that you provide. You agree that such notices will have legal effect. You also agree that notices sent by e-mail or text satisfy any requirement that notices be provided in writing.
19.2 You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law. You may make such a request by send a written notice to our email email@example.com. If you withdraw your consent, Cvtap Pros reserves the right to terminate your use of its products or services.
19.3 To receive, access, and retain the notices that Cvtap Pros sends via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. To receive, access, and retain the notices that Cvtap Pros sends via text, you must have a cellular phone or similar device capable of receiving and retaining text messages. By accepting these terms, you confirm that you are able to receive, access, and retain the notices that Cvtap Pros may send. You may update your contact information by send a written notice to our email firstname.lastname@example.org.