Website End User License Agreement – ContractorTrustBooks.com
This Website End User License Agreement (“Agreement”) is an agreement between you (“you”, “your”) and BizVisioneers, LLC and its partners, affiliates, licencors and suppliers (collectively, "Content Publisher", "we", or "us").
 
We author, create, develop, and provide you with a completed book (as defined below) to help you promote and manage your business. That may include providing general business information and content in book-form, and other products and services (each a “Service,” and collectively, the “Services”) directly from the websites and associated domains and applications of http://www.ContractorTrustBooks.com (collectively, the “Site”).

By clicking “Reserve Your Book Now”, “Reserve Your Area Now”, “Sign Up Now”, “Get it Now”, “Join Now” or “I agree” or by otherwise signing up for an account, or by accessing or using the Services, you agree to be bound by this Agreement, our Privacy Policy, and any other legal notices, conditions or guidelines we provide related to the use of the Site and/or related Services, which may be posted from time to time. All such guidelines or rules are hereby incorporated into this Agreement.

1. What We Own
The entire copyright including all materials and products available within the Contractor TrustBook and on the Site and through the Services, including, but not limited to, a customized book, website, all informational text and images, design and creation of and "look and feel," layout, photographs, graphics, audio, video, messages, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Content Publisher trademarks and service marks, logos, slogans and taglines are the property of Content Publisher. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any creative works, designs, code, trademarks, service marks, logos, slogans or taglines displayed of Content Publisher without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

2. Your Rights to Use What We Own, Protect or License
Upon receipt of full compensation, we will provide you with 100 customized books containing your contact information, services list and pictures of yourself, your location and pictures of your employees / associates as depicted at ContractorTrustBooks.com, thereby permitting you access to the Materials. You agree to fully and accurately provide the information requested by us within 30 days of signing up for services and to regularly provide updates to us of such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to disclose and/or provide user account information (if any), access to the services and/or any other user identification to anyone who is not your employee, and (b) to ensure all individuals permitted to use the Services are aware of and have agreed in writing to comply with the terms of this Agreement.

Subject to this Agreement, we grant you a limited, revocable, non-transferable and non-exclusive license to use the Services and Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to distribute in any way the Services and/or Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services and/or Materials, create derivative works based on, or in any manner commercially exploit the Services and/or Materials, in whole or in part, other than as expressly permitted in this Agreement. You will not reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, writings or graphics of the Service, or (c) copy any ideas, features, functions, writings or graphics of the Service. Any use of the Services and/or Materials for any purpose other than as specifically permitted herein or without our prior written consent or the prior written consent of our licensors, as applicable, is expressly prohibited. You further grant us the right to place disclaimers, our Content Publisher name, author’s name, logo and hyperlink in your customized books. We reserve all rights not expressly granted in this Agreement.

You agree that the Materials available through the Services are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute your professional judgment. We are not responsible for the accuracy or completeness of Materials available from or through the Services. You assume full risk and responsibility for the use of materials you obtain from or through our Services.

If you are using our Materials featuring a model or property with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany such use with a statement that indicates that (a) the Material is being used for illustrative purposes only; and (b) any person depicted in the Content is a model.

3. What You Provide to Us
You are legally responsible for all of Your Personal and Company Information (defined below), data, text, photographs, logos, graphics, customer testimonials, survey responses, messages or other materials printed, uploaded, posted or stored in connection with your use of the Services (collectively, “Content”). You are entirely responsible for all Content that you, or others to whom you provide access, send, post, or otherwise make available via the Service. You hereby grant us a worldwide, royalty-free, non-exclusive license to publish, print, host and use the Content in order to provide you with the Services, and you hereby represent and warrant that you have all the rights necessary and are in compliance with all laws to grant us such license. You acknowledge that potential clients may rely upon the Content when selecting your business, employees, agents, sub-contractors, etc. and you agree that the Content you or your business submits will be accurate, complete and not misleading in any respect. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.

4. Monitoring What You Provide Us
We may, but have no obligation to, monitor, verify or “fact-check” Content created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect us or our clients, or operate the Services properly. We, in our sole discretion, may refuse to utilize any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

5. Comments and Feedback
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

6. Fees
The fees for each Service are specified in each invoice when you order a Service. You will be charged in advance for the Services, unless otherwise indicated in the order. All fees and charges are nonrefundable and you hereby waive the right to make any credit card charge-backs for any reason whatsoever. If you choose to cancel your Services, you are still responsible for all fees associated with the remaining term of your order if any.  When paying by credit card, your statement will show "PRIME CONCEPTS 1-800-946-7804"

Depending on the Services purchased, you agree to pay for the Services either via credit or debit card. If you are paying by credit or debit card, you expressly agree that we are authorized to charge you (i) a recurring monthly fee for any applicable Services billed on a monthly basis automatically, (ii) any other fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information within the term of your agreement, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees. If your card expires or we cannot collect the fees for any reason, you have 7 business days to provide a new valid credit or debit card for us to charge. If you do not provide new card information within 7 business days, we will suspend the Services and will only reinstate them once you pay us what you owe plus a reconnection fee plus interest which will accrue at a rate of 1.5% per month.

You agree to notify us about any billing problems or discrepancies within 60 days after they first appear on your account. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.

We may change fees at any time by providing you 30 days’ notice by email or through your Service portal. Your continued use of the Services after the fee change is your consent to the change.

7. Term and Termination
The term of this agreement is 1 year beginning when you purchase the license, and will terminate at the end of that year. If you cancel your services before the end of your contract term, you are still responsible for all fees (if any) associated with the remaining duration of the contract term.
Notice of termination of Services by us may be sent to the contact e-mail associated with your account. Upon termination, we have the right to delete all data, files, or other information that is stored in your account.

Upon any expiration or termination of this Agreement, the licenses and use rights granted hereunder will immediately terminate, and you will promptly return to us all confidential information related to the Services or destroy all such materials and provide certification thereof.

8. ERRORS AND ACCESS TO MATERIALS AND SERVICES
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR CUSTOMIZED BOOK; INCLUDING ANY PERSONAL OR BUSINESS INFORMATION. WE WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES OR YOUR BREACH OF PERSONAL OR BUSINESS INFORMATION, TYPOGRAPHICAL ERRORS, OMISSIONS, AND OTHER ERRORS. YOU FURTHER UNDERSTAND THAT WE MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR KEEPING THIS DATA.

9. DISCLAIMER OF WARRANTY
THE PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER CONTENT PUBLISHER NOR ITS LICENSORS WARRANT THAT ANY PRODUCTS AND/OR SERVICES, CONTENT, MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH CONTRACTORTRUSTBOOK.COM WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES CONTENT PUBLISHER OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, PRODUCTS, OR THE MATERIALS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, PRODUCTS OR THE MATERIALS AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK.
WE OFFER NO ASSURANCE THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO YOU. CONTENT PUBLISHER AND ITS LICENCORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE PRODUCTS, SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

10. LIMITATION OF LIABILITY
NEITHER WE, NOR OUR LICENCORS,  PARTNERS OR AFFILIATES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE PRODUCTS, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF CONTENT PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE CONTENT PUBLISHER AND HOLD CONTENT PUBLISHER AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PRODUCTS, SERVICES, MATERIALS, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, CONTENT PUBLISHER, ANY OF ITS AFFILIATES OR LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS IS LIABLE TO YOU FOR ANY AMOUNTS UNDER THIS AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, CONTENT PUBLISHER’S TOTAL LIABILITY, IN RESPECT OF SUCH AMOUNTS, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES UNDER THIS AGREEMENT FOR SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

11. EXCLUSIVE REMEDY
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS, THE SERVICES, OR THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE PRODUCTS AND/OR THE SERVICES OR THE MATERIALS. UNDER NO CIRCUMSTANCE WILL CONTENT PUBLISHER, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE PRODUCTS, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE PRODUCTS, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you. In such event, our liability under this Agreement will be limited to the greatest extent permitted by applicable law in such jurisdiction.

12. Indemnification
You agree to indemnify, hold harmless, and defend Content Publisher and its shareholders, licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, partners, co-branders, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Products, Services, or the Materials, (ii) your Content, (iii) your breach of this Agreement, including any of your representations and warranties; (iv) your contravention of any applicable law, statute, ordinance or regulation, or (v) any Commercial Products you offer. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

13. Modification
We may update or change the Products and/or Services or the terms set forth in this Agreement from time to time and recommend that you review the Agreement on a regular basis. You understand and agree that your continued use of the Products and/or Services after the Agreement has been updated or changed constitutes your acceptance of the revised Agreement. Without limiting the foregoing, if we make a change to the Agreement that materially affects your use of the Services, we may (but are not obligated to) post notice or notify you via email or our website(s) of any such change. No modifications of this Agreement will be effective unless agreed in writing by Content Publisher.
We may also, in the future, offer new services and/or features through Site (including the release of new Products, tools and resources). For the avoidance of doubt, such new features and/or services will be subject to the terms and conditions of this Agreement.

14. Disputes
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be governed by the substantive and procedural laws of the state of Florida without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof will be the state and federal courts located in Hillsborough County, Florida and the Central District Court of Florida, respectively, and you hereby submit to the personal jurisdiction of such courts. This choice of venue is designed to be mandatory, and not permissive, in nature. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Privacy
Your use of our Products and/or Services are subject to our Privacy Policy, as updated from time to time. By using the Products and/or Services, you are consenting to the terms of the Privacy Policy and acknowledge that you have reviewed our Privacy Policy.

16. Copyright Complaint Policy
If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints.

17. Other
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Content Publisher as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Content Publisher will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Content Publisher in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security will be required in connection with such injunction.

In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Content Publisher, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.

18. Miscellaneous
This Agreement supersedes any written, electronic, or oral communication you may have had with us or any agent or representative thereof, and constitutes the complete and total agreement between the parties. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Agreement, it will not be considered a waiver. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law, corporate restructure, to any affiliate or otherwise. This Agreement does not confer any third party beneficiary rights. Each party is an independent contractor and not a partner or agent of the other. This Agreement does not create an agency, partnership or joint venture and does not impose partnership or agency obligations or liability upon either party. The section titles in these Terms are for convenience only and have no legal or contractual effect. All notices and other communications required or permitted to be given by us to you under this Agreement will be deemed to be properly given on the date when sent to your email address or postal address recorded for your account. All notices and other communications required or permitted to be given by you to us under this Agreement will be deemed to be properly given on the date when sent in writing via delivery confirmation postal mail or private courier to 808 West Waters Avenue, Tampa, FL 33604, Attention: Legal Department.

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