Terms and Conditions

"Account" The means by which Contractorassists.com authorizes access to the "Services" (defined herein) through the purchase of and/or establishment of future payment(s);

"Affiliate" Any direct or indirect parent or subsidiary of Contractorassists.com (whether wholly, majority, or minority owned by the common owner), any Contractorassists.com officer, director, employee, reseller, distributor and/or joint venture partner;

"Agreement" This "Terms of Service Agreement" together with other agreements defined herein;

"Content" Any data, packets, documents, information, form, communication or other material that is transmitted, uploaded, transferred, controlled, downloaded, recorded or otherwise made available or existing in conjunction with the Services whether or not using your Log-In Information, including without limitation any and all "Personal Information" (defined herein), identities and likeness of "Persons" (defined herein), recordings, and any other spoken, written or electronic expressions or works.

"Person" Any individual human being or legal entity;

"Personal Information" Any information collected or maintained by Contractorassists.com that identifies or could be used to identify you and others Persons;

"Site" The internet domain "Contractorassists.com.com," any sub-domains thereof and/or any successor websites owned and/or controlled by Contractorassists.com; and

"Services" Collectively, the Site and any Content made available to you by Contractorassists.com.

Use of Services

You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or internet service provider fees and/or fees or taxes imposed on internet services, including any sales or use taxes by governmental agencies) and that Contractorassists.com shall not be responsible for paying any such fees, charges and taxes.

You acknowledge and agree that your use of the Services may require equipment and/or software from third parties that you may need to access or use the Services, and that Contractorassists.com shall not provide or be responsible in any way for such equipment and/or software.

In the event of any inconsistent claims to rights of ownership or access to the Services, Contractorassists.com may in its sole and exclusive discretion: (a) take no action; (b) suspend the Account and deny access to Services to all Persons; (c) grant access to the Account and Services to some but not all Person(s); and/or (d) take such other action(s) as it deems appropriate. You acknowledge that any action or inaction by Contractorassists.com does not rely upon whether or not the Person(s) affected are a "subscriber" to the Services or the Services have been paid for by the Person(s) or anyone else.

Content

You are the owner or authorized user of all Content related to your use of the Services.

Legal Compliance

You have the full power and authority to grant all licenses and other rights to third party property (including third party intellectual property) that are granted or required to be granted by you to Contractorassists.com and its Affiliates pursuant to this Agreement.

You are solely responsible for your familiarity and compliance with any and all laws that may prohibit you from accessing or using any part or all of the Services or that may limit or regulate such participation or use.

You agree not to use the Services for any illegal or improper purpose.

Payments By You

The payment information supplied to Contractorassists.com by you (if applicable) is, and shall at all times during the life of this Agreement, be true, accurate and complete. You covenant that payments made by you to Contractorassists.com and Affiliates will be honored by the financial entity facilitating the payment on your behalf. If any payment is not so honored, you remain accountable for payment of all amounts due under this Agreement. You acknowledge and agree that we may change our charges, fees and pricing for future renewals of the Services, and that the cost of future renewals for the Services may increase.

Unauthorized Use.

You acknowledge and agree that any unauthorized use, copying or distribution of the Services is expressly prohibited by law and by this Agreement and may result in severe civil and criminal penalties against you. Violators will be prosecuted by Contractorassists.com to the maximum extent possible. Without limitation, you agree not to engage in any of the following unauthorized uses: (i) Attempt to gain unauthorized access to the Services, or to other Accounts, computer systems or networks connected to the Services, whether through hacking, password mining or any other means; (ii) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded; (iii) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; (iv) Engage in any extraction of data or data fields, including without limitation e-mail addresses; (v) Disrupt, interfere with or inhibit any other Person's use and enjoyment of the Services; (vi) Violate the rights of Contractorassists.com or any third party, including without limitation abuse, defame, defraud, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Contractorassists.com or any third party; (vii) Use any Contractorassists.com domain name as a false return e-mail address; (viii) Use the Contractorassists.com name to advertise, market or sell any type of goods or services or imply in any type of communication that Contractorassists.com endorses or is associated with such goods and services unless Contractorassists.com has given its prior written consent for such activity; (ix) Access and/or use the Services or any type of software or equipment that could in any manner damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, the Contractorassists.com server and/or any network connected to the Services;

Contact Interface.

You acknowledge and agree that Contractorassists.com may obtain and record information about your contacts, your use of, and availability on the Services at any given time, among other information, and that Contractorassists.com can utilize and maintain this information: for its own use; to provide marketing communications to you; to provide marketing communications to your contacts; and for disclosure to third parties (including government officials or pursuant to any court order, subpoena, request or other inquiry) in accordance with applicable law or governmental request at any time. Contractorassists.com has no duty to inquiry or verify the validity or enforceability of any court, order, inquiry or request by any governmental agency, instrumentality or authority for information or documents related to your use of the Services.

Disclosure of Personal Information.

Except as otherwise stated in this Agreement, Contractorassists.com will not share your Personal Information with any third party. However, Contractorassists.com in its sole discretion may (but has no obligation to) monitor or review your access to and use of the Services at any time. Contractorassists.com may at any time without notice and in its sole discretion terminate access to, or use of, any area of the Site where information is posted or submitted, or may disclose any information related to your access to and use of the Services or the substance of any of your posted or submitted information as Contractorassists.com deems necessary, including without limitation to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any Personal Information about yourself or your organization when posting or otherwise submitting any information to the Site. All required registration information that you provide to Contractorassists.com must be current, complete, and accurate and must be kept up to date with Contractorassists.com on a prompt, timely basis. If your use of and access to the Services includes password-restricted access to your sensitive information (such as, for example, customer lists and contractual terms), then by accessing or using the Services and setting up an Account, you consent to the display and storage of such information by Contractorassists.com and accept all risks of unauthorized access to such information.

Compliance with Privacy Regulations.

You agree to comply with all applicable privacy laws, to obtain all necessary consents, and to make all necessary disclosures before using the Services. You acknowledge that any or all of your Content may be recorded and transmitted by Contractorassists.com. You are solely responsible for any information about you that you disclose through use of the Services. You are solely responsible for, and shall indemnify Contractorassists.com and its Affiliates for your access to and use of any third-party data and information including Personal Information that is communicated or that you otherwise have access to through your use of the Services.

Locations of Contractorassists.com Data Centers.

Personal Information and Content may be transferred, stored and/or processed in multiple locations in which Contractorassists.com or its Affiliates maintain facilities. By using the Services, you consent to any such transfer, processing and storage of Personal Information outside of your location of citizenship and/or residence.

Regulated Access.

The Services may not be available in certain locations and to certain Persons in order to comply with applicable laws and regulations. Contractorassists.com reserves the right, in its sole discretion, to deny access to the Services at any time and for any reason whatsoever, including without limitation to comply with applicable law.

Export Control Laws.

You acknowledge that some laws and regulations in various locations restrict the export and re-export of certain technical data relative to their origin. Without limiting the foregoing, you acknowledge that your Content may be subject to controls by various regulatory agencies around the world. You agree that you are solely responsible for avoiding any actions that may be deemed to be violations of such laws and regulations, and that Contractorassists.com shall bear no responsibility or liability for any such violations committed by you in connection with your use of the Services.

Hazardous Environments & High-Risk Activities.

The Services are not designed for use in connection with any hazardous or high-risk activity or any circumstances requiring fail-safe performance or controls. You acknowledge and agree that any use of the Services by you and/or at your instruction (whether express or implied) in connection with any activity or circumstances deemed by Contractorassists.com to be hazardous or high-risk shall be done solely and wholly at your own risk.

Links to Third Party Sites.

The Site may include links that will take you to other websites (collectively, "Linked Sites"). The Linked Sites are provided by Contractorassists.com to you as a convenience, and the inclusion of such links does not imply any endorsement by Contractorassists.com of any Linked Sites. Contractorassists.com has no control over the Linked Sites. Neither Contractorassists.com nor its Affiliates are, and under no circumstances shall be, responsible for any content, product or service of any Linked Sites. You acknowledge and agree that your visits to any of the Linked Sites shall be made solely at your own risk. You acknowledge and agree that Contractorassists.com is not responsible for the content of any Linked Sites, any link contained in any Linked Sites, and any changes or updates to Linked Sites. You further acknowledge and agree that Contractorassists.com is not responsible for any form of transmission received from any Linked Sites.

Copyright Infringement.com

will, in appropriate circumstances as determined in its sole discretion, terminate this Agreement (including the License and other rights granted to you herein) if you infringe the intellectual property rights of others. Contractorassists.com may, in its sole discretion, investigate notices of copyright infringement and take appropriate actions. If you believe that any work of authorship has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring in connection with the Services, please provide us with all of the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of what Services the claimed infringing material is related to; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a written statement by you, made under penalty of perjury, that the above-described information in such notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

Contractorassists.com does not generally monitor activity occurring in connection with the Services or the identity of the Person(s) utilizing the Services or accessing the Account. However, if Contractorassists.com becomes aware of any actual or possible violations by you of any provision of this Agreement, Contractorassists.com reserves the right to investigate such actual or possible violations and Contractorassists.com may, at its sole discretion, immediately terminate this Agreement with you, or change, alter or remove Content, in whole or part, with zero prior notice to you, or take such other action(s) as it may deem appropriate in its sole and exclusive discretion. If, as a result of any such investigation, Contractorassists.com believes that criminal activity has occurred or is occurring, Contractorassists.com reserves the right to refer the matter to and cooperate with applicable law enforcement authorities. In connection with any such investigation, Contractorassists.com is entitled to disclose to law enforcement or other government officials or representatives, as Contractorassists.com in its sole discretion believes to be necessary or appropriate, any information that is in our possession resulting from your access to the Account and/or use of the Services, including without limitation Personal Information (except to the extent prohibited by applicable law).

CONTENT ACCESS AND STORAGE.

The Services are provided to you by automated means, namely the uploading of Content via the applicable tools for transmission, downloads or other activities. Contractorassists.com will access Content as permitted under this Agreement, or as necessary to maintain or provide the Services, including without limitation: (i) to respond to service requests; (ii) to restore the applicable Content at your request in the event of a service interruption; (iii) to conform to legal requirements or comply with any legal inquiry, subpoena or legal process as deemed necessary or advisable by Contractorassists.com in its sole discretion without any duty of Contractorassists.com to inquiry or investigate the validity or appropriateness of any legal inquiry, court order, subpoena or legal process; (iv) to detect, prevent or otherwise address fraud, security or technical issues; and/or (v) to enforce this Agreement, including investigation of potential violations hereof.

com has no control over, and has no liability for, whether and in what manner your Personal Information is utilized. Contractorassists.com does not pre-screen information that users provide or otherwise submit in using the Services. Contractorassists.com can collect certain information regarding your use of the Services, such as the name of the internet service provider and the internet protocol address through which you access the internet; the time you access the Services; the pages that are accessed at the Site; and the internet address of the website from which you accessed the Site. Contractorassists.com uses this information to support the Services and, as otherwise permitted under this Agreement.

DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED "AS-IS" ON AN "AS-AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND OTHER THAN AS DESCRIBED BY CONTRACTORASSISTS.COM AND UNDER THE TERMS OF THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTORASSISTS.COM HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY, WORKMANLIKE EFFORT, ACCURACY, AVAILABILITY, AND/OR NON-NEGLIGENT PERFORMANCE. THE SERVICES ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL RATHER THAN CONSUMER-ORIENTED IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO YOUR USE OF THE SERVICES NOR TO ANY OF THE TRANSACTIONS CONTEMPLATED BY AND CONSUMMATED PURSUANT TO THIS AGREEMENT. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM LOCATION TO LOCATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE LIMITATIONS CONTAINED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

Use at Your Own Risk. The use of the Services and the downloading or other use of any information or materials therefrom shall be done solely at your own discretion and risk and with your understanding that you will be solely responsible for any damage to your computer system or any loss of data or any other harm that results from such activities. Contractorassists.com will not be accountable for any loss that you may incur as a result of someone else using your Log-In Information, either with or without your knowledge. Contractorassists.com shall have no responsibility for any failure that arises out of your use of the Services with any hardware configuration, platform or operating system, including without limitation any failure related to or arising from your inability to connect to or to access the Site, Software or Services due to problems related to your computer hardware, any software program, network, your internet service provider or any other similar problem. Contractorassists.com provides no insurance for your use of the Services or any Content. If you wish to obtain protection for damages incurred as a result of any loss or damage to Content, interruption of Services, failure of the website to function or otherwise resulting from your use of the Services or your account, then you should purchase appropriate insurance therefore. Otherwise, your damages are limited as set forth in these Terms of Service.

Use of Content. You agree that neither Contractorassists.com nor any of its Affiliates shall be held accountable for any Content or the access, recording, storage or other use by Contractorassists.com thereof, including without limitation: (a) any Content that is sent, received, held, released or otherwise connected in any respect to the Services; (b) any Content that is sent but not received; (c) any access to or alteration of Content by you or any other Person; (d) any Content sent using, or included in, the Services; (e) any defamatory, illegal, obscene, offensive or threatening content; (f) the conduct of you or anyone else in using the Services; or (g) any infringement of another Person's rights, including without limitation rights of privacy, intellectual property or data protection.

Third-Party Providers.com offers no guarantees and assumes no responsibility or liability of any kind with respect to third-party services, including without limitation any liability resulting from incompatibility between the Services and any third-party services. You agree that you will not hold Contractorassists.com or any Affiliate responsible or liable for any matter caused by or related to services provided by any third party. The Services may include technical mistakes, interruptions, inaccuracies and/or typographical errors.

Force Majeure.com will not be liable for any non-performance or delay in performance caused by any event reasonably beyond the control of Contractorassists.com including without limitation accidents, acts of God, acts of government, the activities of hackers, civil disturbance, earthquake, embargo, epidemics, explosion, fire, flood, force of nature, hostilities, malicious conduct, national emergency, revolutions, riots, wars, service outages resulting in failures of equipment, telecommunications, power failures, network failures or failures of third party service providers (including providers of internet services and telecommunications).

Except as otherwise required by applicable law and as limited by these Terms of Service, you agree that you will not be entitled to any damages under or pursuant to this Agreement except for the direct monetary damages actually incurred and proven by you in reasonable reliance upon use of the Services, and that such proven damages in any and all events shall be limited to the amount you actually paid for the Services during the three-month period prior to the event giving rise to your claim. Without limiting the foregoing, you agree that the following damages are expressly excluded: Any and all indirect, special, incidental, punitive and consequential damages;

Any and all damages for: loss of confidential or other information (including without limitation Personal Information); business interruption; personal injury; loss of privacy; loss of profits; emotional distress; and failure to meet any duty of good faith or reasonable care;

INDEMNIFICATION AND GENERAL RELEASE.

You hereby agree to release Contractorassists.com and Affiliates from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with your use of the Services or related to any invoices or other documents you may create or issue and for any other purpose whether or not contemplated or permitted by this Agreement. You hereby also agree to defend, indemnify and hold Contractorassists.com and Affiliates harmless from and against any and all claims, liabilities, damages and costs (including without limitation fees, costs and expenses of attorneys) arising out of or related to:

Use of or access to the Services by you or by any Person using your Log-In Information, whether or not such use was authorized by you;

Any actual or alleged violation of this Agreement or applicable law by you or by any Person using your Log-In Information, whether or not such use was authorized by you;

Any actual or alleged infringement of any intellectual property, proprietary information, violation of privacy or other rights by you or by any Person using your Log-In Information, whether or not such use was authorized by you;

Any recording of the communications or other Personal Information of you or any other users of the Services;

Any claims or allegations for product liability, unsuitability or lack of fitness for a particular purpose, or any other claims or allegations arising out of or related to the use of the Services;

Any disputes between you and any other party related to the Services; and/or

Your negligence, gross negligence and/ or willful misconduct.

DISPUTE RESOLUTION.

Any claim, dispute or controversy, whether in contract, tort or otherwise, whether pre-existing, present or future, including statutory, consumer protection, common law, intentional tort and/or equitable claims by you against Contractorassists.com, its agents, employees, principals, successors, assigns and/or Affiliates arising from or relating to this Agreement (including, to the full extent authorized by applicable law, relationships with third parties who are not signatories to this Agreement), shall be resolved exclusively and finally by binding Arbitration administered by the International Chamber of Commerce under its Commercial Rules before a single Arbitrator applying the laws of the State of Florida, exclusive of its conflicts of laws principles (the "Arbitration"). The location of the Arbitration proceeding shall be conducted exclusively in Florida, or such other location, to which the parties may agree in writing. Except as may be required to enforce and decision or determination of the Arbitrator, the existence of and proceedings conducting in connection with said arbitration shall be and remain strictly confidential. The Arbitrator shall be empowered to grant whatever relief would be available in court of competent jurisdiction under law or in equity. Any Award of the Arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Arbitrator may grant reasonable attorney and/or other fees to the prevailing party. You acknowledge and agree that separate from any Arbitration proceeding, Contractorassists.com may also seek injunctive or equitable relief in a Court of competent jurisdiction to prevent irreparable injury to it, its Marks, and/or other intellectual property, and in such proceeding, you consent to the jurisdiction of such Court. YOU HEREBY ACKNOWLEDGE THAT YOU ARE GIVING UP RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY DISPUTE UNDER THIS AGREEMENT. OTHER RIGHTS THAT MAY HAVE BEEN AVAILABLE IF THE DISPUTE WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

You and Contractorassists.com will provide any communication to each other under this Agreement as follows:

Notice to You. Notice shall be sent to you either: (1) via electronic means to the e-mail address associated with your Account and shall be deemed delivered when sent by Contractorassists.com; or (2) by hard copy postal mail to the address contained in your Log-In Information and shall be deemed delivered five (5) calendar days after mailing.

Notice to Contractorassists.com. Except where an electronic notice to Contractorassists.com is expressly permitted by this Agreement, notice shall be sent to Contractorassists.com addressed to the principal place of business indicated on the Site, to the attention of the President, either via: (1) postal mail, signature required and return receipt requested; or (2) overnight courier with delivery signature required. Any notice sent by you shall be deemed delivered when actually received and signed for by an authorized representative of Contractorassists.com.

GOVERNING LAW.

This Agreement shall be construed in accordance with, and governed by the laws of the State of Florida, exclusive of its conflicts of laws principles.

RESERVATION OF RIGHTS.

com reserves all rights not expressly granted in this Agreement.

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in full force and effect.

No Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless expressly agreed to by Contractorassists.com in a non-electronic writing manually signed by a duly authorized officer of Contractorassists.com.

Authority. If you are an individual and are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have due authorization from the governing body of such entity to enter into this Agreement and to bind such entity to all of the terms and conditions of this Agreement.

The headings of the sections and subsections in this Agreement are provided for convenience only and may not be deemed to affect its construction or interpretation.

Restrictions on Users. Users must be thirteen (13) years of age or older to use the Services. Registered accounts must belong to human beings. Bots, programs or any other automated sign-ups are not permitted. Only one person can hold and use the same account.

Entire Agreement. This Agreement constitutes the entire agreement and understanding between Contractorassists.com and you with respect to the Services and supersedes all other prior or contemporaneous communications, agreements, understandings and proposals, whether written, oral, electronic or non-electronic, between Contractorassists.com and you regarding its subject matter.

SPECIAL TERMS OF SERVICE FOR THE BANK CONNECTION MODULE.

Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

Proprietary Rights. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.

Content You Provide And Is Derived by Use of the Service. You are licensing to Contractorassists.com and its service providers (“Service Provider”) any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. Contractorassists.com and Service Provider may use, modify, display, distribute and create new material using such Content to provide the service to you.

Contractorassists.com and Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Contractorassists.com and Service Provider may use the Content for the purposes set out above. As between Contractorassists.com and Service Provider, Contractorassists.com owns your confidential account information.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONTRACTORASSISTS.COM OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.