Consumer
Terms and Conditions | (Download
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This agreement describes
the terms and conditions applicable to your (CONSUMER)
use of our Contractor-VUE.com or Maines
Quality Contractors (THE SERVICE)
services and contractors (THE CONTRACTOR).
Contractor-VUE and Maines Quality Contractors
fall under the same terms and conditions as WydeVue,
LLC.
1.
Eligible CONSUMERS
By accepting these terms, you confirm that you
are 18 years of age or older, are capable of entering
into a binding agreement, and that you will or
have accurately completed any CONSUMER information
and or requests submitted to us.
2.
General Disclaimer
There are two functions of THE SERVICE:
2.1 In solely using
THE SERVICE, you acknowledge that THE SERVICE
has not agreed to and is not acting as your
general contractor, agent, or advisor. It is
your sole responsibility to select SERVICE PROVIDERS
and to negotiate the terms/fees for any work
performed THE CONTRACTOR. You may want to consult
with appropriate expert advisers to assist in
your home improvements, including a lawyer regarding
contracts, permits, and other necessary job
documentation and an insurance professional
regarding the contractor's and your own insurance
coverage requirements. To the extent permitted
by law, WydeVue, LLC will not be liable for
any indirect or consequential loss or damage
what so ever (including without limitation of
home, business or property) arising out of or
in connection with the use of THE SERVICE. It
is your sole responsibility to select SERVICE
PROVIDERS and negotiate the terms/fees for any
work performed with THE SERVICE.
2.2 The CONSUMER may
elect to have the SERVICE act as the general
contractor; however, the CONSUMER understands
that it must first sign a general contractor
agreement with the SERVICE separate from this
Consumer Terms and Conditions. (Note: The General
Contractor Contract will be the binding agreement
between WydeVue and the CONSUMER.) If there
is a conflict in terms between the general contractor
agreement with WydeVue, LLC and this Consumer
Terms and Conditions, the general contractor
agreement shall be controlling.
3. Use of Account; Privacy
In order to protect the CONSUMER and the personal
information obtained from the CONSUMER, THE SERVICE
will comply with all applicable laws and regulations
when using personal information. THE SERVICE recognizes
that you have legitimate concerns about privacy.
By accepting this Agreement, you expressly consent
to the use and disclosure of your personal information
in that such information shall be used to match
you with THE CONTRACTORS as the CONSUMER has requested
on the on line form.
You may copy information provided
by THE SERVICE for your personal use, but you
must retain any copyright notice and other proprietary
notice on copied information. You are not permitted
to reproduce, distribute, transmit, publish, or
commercially exploit any information provided
by THE SERVICE without the appropriate permission
of the copyright owner. This prohibition precludes
emailing, faxing, posting to any bulletin board,
storage in a database accessible to persons other
than you, or otherwise making information available
electronically or in any other form.
4. Changes to the Service
or Terms
THE SERVICE may from time to time without notice
change, add, or remove certain features of our
service or change the terms of this Agreement.
If you are dissatisfied with any such changes
to the service or this Agreement, you may immediately
cancel your Account by contacting THE SERVICE.
5. Disclaimer of All Warranties/
Waiver of Rights
5.1 CONSUMER understands
that THE SERVICE has no control over any Third
Party services.
5.2 THE SERVICE and
its suppliers make no warranty that the service
or the Third Party services will meet your requirements
or that use of the service or the Third Party
services will be uninterrupted, timely, secure,
or error-free; nor does THE SERVICE or its suppliers
make any warranty as to the results that may
be obtained from use of the service or the Third
Party services, or the accuracy or reliability
of any information obtained through the service
or the Third Party services, or that any defects
in the service or the Third Party services will
be corrected.
5.3 THE SERVICE and
its suppliers disclaim all warranties of any
kind, whether express, implied, or statutory,
regarding the service or the Third Party services.
Any material or data obtained through use of
the service or Third Party services must be
used at your own discretion and risk. Some states
or jurisdictions do not allow the exclusion
of certain warranties. Therefore, nothing in
this section should be construed as excluding
or limiting any warranty beyond what is permissible
under applicable law.
5.4 THE SERVICE does
not guarantee the quality or fitness of any
work performed by any CONTRACTORS.
6. Limitations of THE SERVICE
Liability Release
6.1 THE SERVICE's
total cumulative liability to you and anyone
who uses the service or the Third Party services
through your account, for any and all claims
under any theory of law (including negligence),
will not exceed $1,000 or the aggregate amount
you paid to THE SERVICE in the preceding 12
months, whichever is greater. Some states or
jurisdictions do not allow the exclusion or
limitation of certain types of liability. Therefore,
the above limitations of liability may not apply
to you to that extent, and nothing in this section
should be construed as excluding or limiting
THE SERVICE's liability beyond what is permissible
under applicable law.
6.2
THE SERVICE AND ITS SUPPLIERS WILL NOT BE LIABLE
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM OR RELATING TO YOUR USE OF THE
SERVICE OR THE THIRD PARTY SERVICES OR USE HEREOF
BY ANYONE ELSE THROUGH YOUR ACCOUNT.
6.3 You agree not
to hold THE SERVICE and suppliers responsible
what so ever for any damages of any kind or
other liabilities arising from any work performed
by any CONTRACTOR.
6.4 You agree to hold
THE SERVICE (and our agents and employees) harmless
and indemnify the same from any and all claims,
demands, and damages (actual and consequential)
of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with
any dispute arising by reason of your use of
THE SERVICE.
7. Termination of Account
You may terminate your account, this Agreement,
and your right to use the service, at any time
and for any reason or no reason, by contacting
THE SERVICE via email at info@wydevue.com
and writing in the subject line Consumer Account
Termination or via mail Attn: Business Manager,
381 Bailey Hill Rd, Poland, ME 04274. Notifying
THE SERVICE in any other way of your desire to
terminate your account may result in delays in
processing your request. THE SERVICE reserves
the right to immediately suspend or terminate
your account in its sole discretion. Upon any
such termination of your account, you will remain
obligated to pay all outstanding fees and charges
relating to your use of any the fee-based services
before termination. Sections 2, 5, and 8 will
remain in effect notwithstanding the termination
of your account or this Agreement.
8. Governing Law
THE SERVICE, THE CONTRACTORS, and any marketing
Partners are separate entities and share no agency,
partnership, franchise, joint venture, or employment
relationship.
These Terms and Conditions
shall be governed by and construed in accordance
with the State of Maine and the laws of such state
shall control. Any dispute between the parties
shall be resolved by binding arbitration before
the American Arbitration Association (AAA)
in accordance with the AAAs Commercial rules
of Arbitration. The arbitration shall take place
in Androscoggin County, Maine and the parties
expressly consent to jurisdiction therein. The
prevailing party in any such arbitration shall
be entitled to an award of its reasonable attorneys
fees and cost incurred therein.
This contract and other forms
as noted in the last paragraph constitute the
entire agreement of the parties hereto and supersede
any prior verbal or written agreements with respect
to the subject matter hereto. These Terms and
Conditions and all attached forms apply to any
person or company that is accepted as a member
of WydeVue, LLC.
By using THE SERVICE, you are
agreeing to WydeVues, as well as, that you
legally own or have the right to sign into a contract
on behalf of said company.
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