Contractor’s Business Solutions TERMS AND CONDITIONS OF USE (THIS IS IMPORTANT — PLEASE READ) Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Contractor’s Business Solutions, Inc.  d/b/a Contractor’s Business Solutions (CBS), Corp911 or Contractor’s 911 digital or downloadable resources, online course, class, program, workshop, or training, or enter any online private forums operated by Contractor’s Business Solutions, Inc.  d/b/a Contractor’s Business Solutions (CBS), Corp 911 or Contractor’s 911 (for any purpose), whether on a website hosted by Contractor’s Business Solutions, Inc.  d/b/a Contractor’s Business Solutions (CBS), Corp 911 or Contractor’s 911 or a third-party website such as an online course platform or facebook.com (collectively “the Program”). If you do not agree with these TOU, you may not use the Program. As used in these TOU, the term “Releasees” is defined to include the following: (i) Contractor’s Business Solutions, Inc.  d/b/a Contractor’s Business Solutions (CBS), Corp 911 or Contractor’s 911 its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Heather O’Brien (iv) Rebecca Miller; and (v) Claudia Hall.

  1. The Program

As part of the Program, you will receive the services outlined on the web page where you register or listed in your member portal. The Company may modify the services and elements included in the Program from time to time, in its sole discretion, in order to provide updated content and materials, respond to member feedback, or improve the Program. The Company reserves the right to offer additional Program elements occasionally for any subgroup of participants. These additional Program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.

  1. Payment
  2. Payment Terms Applicable for all Services

You agree to the fees and payment schedule selected at checkout and authorize the Company to charge either annual or monthly automatic recurring payments from the payment method you provide at checkout. If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content, as defined below, immediately and permanently. If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

  1. Membership Payment Terms

If you elect the annual payment option, your payment for that year is charged upon checkout. One (1) year from the date of purchase you authorize the Company to automatically charge the annual renewal for your continued participation in the Program. If, for example, you join on April 28, 2022, your card would be charged April 28, 2023, and so on until you terminate your participation in the Program. You may submit an e-mail to [support email] thirty (30) days prior to your automatic renewal date to convert to the month-to-month payment option. You may cancel your participation in the program at any time, as outlined in the Termination or Cancellation paragraph below. If you elect the monthly payment option, your first payment will be due upon checkout. The recurring monthly payment will be charged to your card on the same calendar day each month. If, for example, you join on April 28, 2022, your card will be charged again on May 28, June 28, and so on until you terminate your participation in the Program. You can cancel at any time before the next month’s payment is charged by sending an email to [support email]. In the event you do cancel, default or late payments will be due immediately.

  1. Payment Plan Terms

If you have opted to pay for the Program via installment payments in a payment plan, your first payment will be due upon checkout. The recurring monthly payment will be charged to your card on the same calendar day each month. If, for example, you join on April 28, 2022, your card will be charged again on May 28, June 28, and so on until you fulfill the terms of your payment plan. PLEASE NOTE: In the event you decide to cancel or the Company terminates your participation in the Program, any remaining installment, default, or late payments in your payment plan will be due immediately. Even if you withdraw from the Program prior to its conclusion, or if the Company terminates your participation due to your violating these TOU, you are required by law to complete the remaining payments of your payment plan.

  1. Refunds

Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided. Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request. Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied. If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.  The Company may offer additional Program elements for a subgroup of participants (i.e. women, minorities, other demographic groups). The Company reserves the right, in its sole discretion, to offer member participation in these additional Program elements to specific participants. If a participant is denied participation in these additional Program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied. Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. Suppose a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase. In that case, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

  1. Promotional Codes

The Company may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes only apply to qualifying items. Promotional codes are limited-time offers. Promotional codes are non-transferable and may not be resold. Promotional codes are not redeemable for cash, credit, or and cannot be applied toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per participant. Promotional codes are void where prohibited. The Company may terminate or modify any promotional codes at any time in its sole discretion, regardless of whether a participant receives the code directly from the Company or from a third party. Your violation of these TOU will render the promotional code invalid.

  1. Intellectual Property Rights
  2. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

  1. The Company’s Limited License to You

If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement. You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others. The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. All rights not expressly granted in these terms or any express written license, are reserved by us.

  1. Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

  1. Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least eighteen (18) years old. The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason. You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, the Company may make that during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason. You grant the Company permission to use Your Material in anonymized form, for example, a screenshot of a post with your name and/or image grayed out, or examples of issues you may have shared without any identifying details, and acknowledge the Company may do so without any prior request for your consent.

  1. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [support email]. Suppose the Company grants you permission. In that case, you agree to use the specific Content that the Company allows and only in the ways the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to stop using such Content immediately and to take whatever actions as the Company may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

  1. Your Conduct

The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, without first receiving approval from the Company. You agree not to market, promote, or sell products or services to Program participants unless you are authorized or requested to do so by the Company. Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. You are responsible for Your Material and any liability resulting from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment or participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, obscene, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time. You are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other participants
  • Causing damage to any Company website or third-party forums operated by the Company
  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
  • Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
  • Sharing private and proprietary information from other participants with anyone else 
  • Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

The Company does its best to create a safe and welcoming space for all participants; however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort. If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.   The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company. We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.

  1. Confidentiality

We may ask for your information when you register for services or [Membership]. Please view our privacy policy for information on how your information is used.  Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about your membership confidential within the Program (other than where you give your consent for us to share your information, as outlined above in paragraph 6, Intellectual Property Rights), except when disclosure is required by law, for example, if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others.  Confidential information does not include information that: (a) was in the Company’s possession before you participated in the Program; (b) is generally known to the public or in your circle of friends and family and co-workers, or (c) the Company may be required by law to disclose.   You may use a screen name or pseudonym instead of your actual name for your participation in group workshops and public posts on the Company website and in third-party forums operated by the Company.  You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law. You agree you will not share any recorded calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

  1. Username and Password

You may need a username and password to access certain features of the Program, including any private membership areas. You are responsible for informing the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential. During the registration process, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website [Privacy Policy URL].

  1. Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the Program or Content. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company. If you would like to cancel your participation in the Program, you can do it online at [site url] or you must e-mail the Company at [support email]. You will continue to have access to the Program materials and Content through the end of your billing period. You will not be refunded for any remaining days or months of the Program after your cancellation. You agree the payment terms outlined above in paragraph 3 of these TOU will remain in effect if you or the Company cancel or terminate your participation in the Program.

  1. Personal Responsibility, Assumption of Risk, Release, Disclaimers
  2. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
  3. The Program and Content provide information and education only and do not provide any financial or legal services or advice.  The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor.  You are responsible for your own financial and legal decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
  4. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

  1. Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
  2. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.  We may share or post affiliate links, which means that we may receive a commission, at no cost to you, if you make a purchase using these links.
  3. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
  4. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  5. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
  6. Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.

  1. Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of Puerto Rico without giving effect to its conflict of laws principles. The state and federal court nearest to Puerto Rico shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

  1. Users Outside United States

The Company controls and operates the Program from offices in the United States or US Territory. The Company does not represent that the Program or its Content are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

  1. Force Majeure

The Company shall not be deemed in breach of this TOU if the Company is unable to complete all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this TOU.

  1. General Provisions

The Company may modify the terms of this TOU at any time. All modifications will be effective immediately. Participants shall be notified of modifications to these TOU when accessing the Program. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.  This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations. By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature, asserting that you have read, understood, and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content.

  1. Conflict Resolution; Mandatory Arbitration

  It’s essential to carefully review this section as it mandates arbitration for certain disputes and claims between you and Contractor Business Solutions, outlining limitations on seeking relief from each other unless you choose to opt out of arbitration as per Section 6(g) instructions below. Please note that no class or representative actions or arbitrations are permitted under this provision. Additionally, arbitration prevents both parties from filing lawsuits or pursuing jury trials.   (a) Individual Resolution: You and Contractor Business Solutions, agree that any dispute or claim between us, including those related to these Terms or our Services, is strictly personal and will be resolved individually. This means disputes cannot be brought as class arbitrations, class actions, or any other representative proceedings. References to “Contractor Business Solutions, Inc,” “you,” and “us” include respective affiliates, agents, and all authorized or unauthorized users of our services.   (b) Arbitration Process: Most concerns can be addressed satisfactorily by contacting our Customer Care Center. In rare cases where resolution isn’t achieved, this Section 6 applies. Except for specific circumstances detailed in (i) small claims court or (ii) actions seeking injunctive relief for intellectual property infringement, disputes will be resolved through arbitration, waiving rights to jury trials.   (c) Informal Resolution: Before initiating arbitration, you and Contractor Business Solutions, agree to attempt resolving the dispute informally. This involves sending a written notice of the dispute to the other party. Upon receipt, both parties have 30 days to engage in informal resolution discussions.   (d) Arbitration Procedures: If informal resolution fails, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA). Arbitration proceedings will be held in Los Angeles County, CA, or in your county of residence if you’re a Consumer, as defined in this section.   (e) Confidentiality: The arbitration process allows for the exchange of non-privileged information relevant to the dispute. Both parties agree to seek protection for any sensitive information exchanged during arbitration proceedings.   (f) Arbitration Fees: The costs of arbitration are determined by the AAA’s fee schedules. The allocation of fees depends on the nature of the dispute and whether you’re a Consumer.   (g) Opting Out: You have the right to opt out of binding arbitration within 30 days of accepting these Terms by sending a written notice to Contractor Business Solutions, Inc. By opting out, you agree to resolve disputes according to Section 19, but solely as individual actions.   (h) Additional Terms: If any part of this section is found unenforceable, it will be severed without affecting the rest of the section. Claims proceeding on a class basis must be litigated in civil court.   Furthermore, if you wish to seek public injunctive relief against Contractor Business Solutions, Inc, such claim must be brought in court according to Section 19 provisions. The exclusive jurisdiction for enforcing arbitration awards lies with the state or federal courts of California.  

  1. Additional Terms:

  Certain Contractor Business Solutions, IncServices may have Additional Terms, which take precedence over these Terms in case of conflict.  

  1. Reviews, Comments, Communications, and Other Content:

  Users may post content subject to these Terms, with Contractor Business Solutions, Inchaving the right to edit or remove such content.  

  1. NO WARRANTY:

  Contractor Business Solutions, Inc provides the Site, Applications, and Materials “as is,” disclaiming all warranties except as provided in the Contractor Business Solutions, Inc Guarantee.  

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION:

Except where prohibited by law, you agree to indemnify and hold harmless Contractor Business Solutions, Inc, its officers, directors, employees, and agents from any indirect, punitive, special, incidental, or consequential damages arising from or related to this Agreement. This includes any attorneys’ fees and costs incurred in litigation, arbitration, or appeal, regardless of whether such proceedings are initiated. Whether through contract, negligence, or other tortious actions, you agree that Contractor Business Solutions, Inc will not be liable for any personal injury, property damage, or violation of federal, state, or local laws, statutes, rules, or regulations arising from this Agreement or your actions. If Contractor Business Solutions, Inc is found liable, its liability will be limited to the amount paid for the products and/or services. However, this limitation may not apply to you if prohibited by law. This provision excludes North Carolina consumers and may not apply in jurisdictions where exclusion or limitation of certain damages is restricted by law.  

  1. Unsolicited Submissions

  Contractor Business Solutions, Inc does not solicit confidential or proprietary information through this Site or any Applications. Any comments, feedback, information, or material submitted to Contractor Business Solutions, Inc via this Site will be considered non-confidential and become the property of Contractor Business Solutions, Inc. By submitting such material, you grant Contractor Business Solutions, Inc worldwide rights to use and disseminate it freely. You are responsible for the legality, reliability, and originality of your submissions.  

  1. Compliance with Intellectual Property Laws

  When accessing Contractor Business Solutions, Inc or using its services, you agree to respect the intellectual property rights of others. You must obey copyright, trademark, and other intellectual property laws and not violate any third party’s rights. Contractor Business Solutions, Inc has a policy to promptly remove any infringing content upon notification.   Copyright Infringement   Contractor Business Solutions, Inc follows legally mandated procedures for handling copyright infringement claims. It may suspend or terminate users found to violate intellectual property laws. If you believe your rights have been infringed, you must provide specific information to Contractor Business Solutions, Inc’s Copyright Agent for resolution. c/o Contractor Business Solutions Which Address to Use?   Counter-Notice   If your content is removed due to alleged infringement but you believe it is not infringing, you can submit a counter-notice to Contractor Business Solutions, Inc’s Copyright Agent. If accepted, Contractor Business Solutions, Inc may restore the content after notifying the original complainant.  

  1. Inappropriate Content

  You agree not to upload, download, or distribute content that is libelous, defamatory, obscene, or otherwise unlawful. Contractor Business Solutions, Inc reserves the right to remove such material and cooperate with law enforcement in investigating violations.  

  1. Compliance with Export Restrictions

  You agree to comply with all export laws and regulations when using Contractor Business Solutions, Inc’s Site, Applications, or Materials. You acknowledge that Materials are subject to U.S. Export Administration Laws and agree not to export them to prohibited countries or for prohibited purposes.  

  1. Personal Use

  The Site is for personal use only.  

  1. Children

  Minors should not use the Site or Applications or submit personal information.  

  1. Non-English-Speaking Customers

  Certain materials are available only in English. In case of conflict, the English version prevails.  

  1. Customers Needing Extra Assistance

  Contractor Business Solutions, Inc aims to provide accessible services. Customers with disabilities can call for assistance.  

  1. Governing Law; Venue

  Disputes will be governed by California law and resolved in California courts.  

  1. Copyrights

  All Site content is copyrighted by Contractor Business Solutions, Inc.  

  1. Trademarks

  Contractor Business Solutions, Inc’s trademarks are its property. Others’ trademarks belong to their respective owners.  

  1. Attorney Access Services

  Contractor Business Solutions, Inc’s attorneys meet specific qualifications for experience and professionalism.  

  1. Use of Testimonials and Media Endorsements

  Media endorsements are part of Contractor Business Solutions, Inc’s advertising.  

  1. Inquiries

  Providing your telephone number constitutes an inquiry to Contractor Business Solutions, Inc.  

  1. Right to Refuse

  Contractor Business Solutions, Inc reserves the right to refuse service or cancel user access.  

  1. Acknowledgment

  By using Contractor Business Solutions, Inc’s services, you acknowledge and agree to these Terms of Use. dd

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