PARTICIPATION TERMS AND CONDITIONS
Important - please read carefully: by checking the "I Agree" box and continuing with your registration or by acknowledging receipt of these terms and conditions via email or by using the services and the system provided by Buyerlink LLC, you (on behalf of yourself or as an authorized representative on behalf of an entity, which company shall be bound to these terms) agree to all the terms of this Contractors.com Terms and Conditions with Buyerlink LLC d/b/a/ Contractors.com, regarding your use of the services and the system. If you do not agree to all of these terms, you should not use the services; use will be acceptance of all terms. The effective date of this agreement is the date that you accept this agreement by checking the "I agree" box or by acknowledging receipt of these terms and conditions via email or by using the services and the system provided by Buyerlink LLC.
Contractors.com provides several services through our website, including the Buyerlink Marketplace System, or System, and the Contrators.com customer relationship management tool, or Contractors.com CRM. Through our System, you may purchase Leads and/or Clicks. Leads are the information of consumers submitting home improvement inquiries. Clicks are online consumers that are redirected to your website.
- We agree to provide you with Leads or Clicks as designated by you. Just so the expectations are set right, it is important to note that Leads and Clicks are an expression of interest by a potential customer and will not necessarily result in the sale of your service.
- We grant you a limited, non-exclusive license to use the System and the Contractors.com CRM.
- You have, through the System, the ability to control the type of Leads and/or Clicks you receive by specifying certain criteria such as geography and/or category.
- We will provide you with a web-based account management tool with the ability to view a summary of your purchased Leads and/or Clicks, your account balance, payment history and other information related to your account.
- We deliver your Leads through email. You agree to maintain a properly functioning email at all times so we can provide our Services to you. While we will make reasonable attempts to send your Leads to the email address on file, we make no guarantees that you will receive an email and ask that you periodically review the web-based account management tool for the receipt of new Leads. At your election, we may also deliver to your chosen CRM solution. If you elect to deliver to a CRM solution, you agree to let us know if for any reason we are unable to deliver.
- We deliver your Clicks to websites designated by you. It is important you check that the website you provided is accurate.
- We will be held accountable to perform our services listed here in a professional manner. We will not, however, be liable to you or any other party under any other theory of liability. This includes liability for indirect, special or consequential damages. Our total liability under this relationship is limited to any amounts paid by you in the three months prior to any cause of action.
- You agree that you:
- Are at least 18 years old;
- Have full power and authority to enter into this agreement on behalf of yourself or your company;
- And anyone acting on your behalf with respect to buying Leads or Clicks will be bound by this agreement;
- Comply with all licensing requirements;
- Will not violate any laws;
- Will use the System solely for the purpose of purchasing Leads and/or Clicks;
- Will send Clicks to websites that are relevant to the category for the Clicks; purchased by you, i.e., HVAC installation Clicks will be sent to a website that provides information or services related to the installation of an HVAC unit;
- Will periodically check the System to confirm receipt of new Leads and Clicks;
- Will, under no circumstances, send a Click to a website that is focused on 1) death or tragedy; 2) gross or bizarre content; 3) sexually explicit content; and/or gambling;
- Are the only one that may contact the Leads we send you; you agree not to redistribute or re-sell the Leads to any third party;
- Will maintain accurate contact information, address and credit card information.
- If we have to use a collection agency or pursue legal proceedings to collect any amounts owed, you agree to pay for all costs (including legal fees) associated with the collection of the amount owed.
- While we have a relationship and for three years after, you agree to keep information you receive by us (including pricing and this Agreement) confidential. You may, however, disclose information as required by law, on a need to know basis to employees, consultants, counsel, accountants, investors or other professional advisers provided they also keep the information confidential or in connection with required tax disclosures.
- You agree to pay for any amounts we become responsible for that are caused by your use of our Services or for you not complying with your responsibilities. This includes any amounts that result or may result from disputed claims. This agreement to pay shall survive termination of this relationship.
BILLING AND HOW IT WORKS
- Pre-payment. It is important for you to note that we charge your credit card before we send you a Lead and/or a Click. When we set up your account, your credit card is charged a pre-payment amount.
- Debiting of your account. Each time a Lead and/or Click is sold to you, your account balance will be debited the cost of the Lead and/or Click.
- Re-charge of the pre-paid balance. Once your account balance falls below the highest bid you have in our System, your credit card will be charged the pre-paid amount established in your account settings. To make this clear, let's say you set up your account with a $500 pre-payment amount (please note the pre-payment amount differs from your budget) and a $55 Lead bid. After you receive 10 Leads, your pre-paid amount ($500) will be below your Lead bid ($55). We will charge your credit card another $500.
- Frequency of charges. You will be charged as frequently as your pre-paid amount falls below your highest bid.
- You agree to be contacted by us or anyone acting on our behalf to discuss your account. This may include email, SMS messages, calls using pre-recorded messages and/or calls or messages using automated telephone dialing systems or automatic text message systems. You agree that the numbers you provide to us are your contact numbers and that you are permitted to receive calls to these numbers. You will promptly let us know if you stop using any number you provided to us.
- We may listen to and/or record phone calls between you and our representatives.
- We agree that either party may cancel with 30 day notice to the other party. You may contact your account manager or send your request to cancel to firstname.lastname@example.org. In addition to our ability to end the relationship, we may suspend your account at any time.
- We may change this Agreement. If we do, we will attempt to provide you with 30 day written notice.
- Except for our commitment to ensure your satisfaction by providing you credits, we provide our Services "AS IS." This means we make no warranties, express or implied, with respect to our website, the Leads and/or Clicks, the System, the Contractors.com CRM or the Services.
- Our relationship is one of independent contractors; we are not agents or partners of each other and this is not intended in any way as a joint venture. This means neither of us shall have the power to create obligations for the other.
- We may assign this Agreement without your consent.
- Should a dispute arise, we both agree to discuss in an attempt to resolve the matter. If we are unable to resolve the matter together, we agree that our dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction. As this Agreement is individualized to us as the parties, we agree that no arbitration or lawsuit can be certified or proceed as a class action nor may an arbitration proceeding be consolidated with any other arbitration proceeding. For clarity, each party is waiving the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.
- We agree that this Agreement shall be governed by the laws of the State of California, without any reference to conflict of law rules.
- We agree this Agreement is the entire understanding of both of us and that it supersedes all previous Agreements and understandings that we may have had.
- Your satisfaction is our priority and we'd like to work with you if you are dissatisfied with our services for any reason. We would like to make you aware, however, initiating a chargeback does not absolve you of the obligations above and we may use any means available to us (including using collections) to pursue any amounts owed under these terms, including any costs disputing such chargeback.