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BTD TERMS OF USE

1. ACCEPTANCE OF TERMS

The Building Trades Directory (“BTD”) provides a directory service of vendor, product and trades listings, ads, and forums related to the various building trades.  All listings are either submitted by the service or product company or gathered from public information from company websites posted on the Internet. The BTD does not endorse or recommend any of the services, vendors, or products listed herein.  The BTD is not responsible for the content of any listing.  Changes or deletions can be made to a listing correcting unintentional errors or deleting listings entirely when contacted directly by the vendor or company representative with the text of those changes clearly stated within the email (no attachments, please, they will not be opened).  Each company, vendor, trade, service provider or product provider is responsible for its own content and its own website, and that content is the sole responsibility of those from whom such content originated.  The BTD is not responsible for any links to other websites that may be contained by those listed.  By using the BTD or its services in any way, you agree to the above, and all other terms in this statement.

You can contact the BTD at:  eyespeak@earthlink.net

The BTD makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such listing.  Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will the BTD be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the BTD. You acknowledge that the BTD does not pre-screen or approve content, but that it shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the BTD, for violating the letter or spirit of these terms for any reason.

2. THIRD PARTY CONTENT, SITES, AND SERVICES

The BTD site and content available through the directory service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the BTD, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 

Your interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You agree that the BTD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the BTD is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the BTD, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does

not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 

3. ABSOLUTELY POSITIVELY NO SPAM

You understand and agree that sending unsolicited email advertisements to any BTD email addresses or through the BTD computer systems is expressly prohibited by these terms.  Any unauthorized use of the BTD computer systems or information is a violation of these terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

4. PAID POSTINGS

The BTD may charge a fee to post some content in areas of the directory. The fee is an access fee permitting content to be posted in a designated area.  Each party posting its content to the BTD is responsible for said content and compliance with these terms. All fees paid will be non-refundable in the event that content is removed for violating the above terms.

5. TERMINATION OF SERVICE

You agree that the BTD, in its sole discretion, has the right (but not the obligation) to delete or deactivate your listing or forum account, block your email or IP address, or otherwise terminate your access to or use of the directory (or any part thereof), immediately and without notice, and remove and discard any content within the service, for any reason, including, without limitation, if the BTD believes that you have acted inconsistently with the letter or spirit of the terms herein. Further, you agree that the BTD shall not be liable to you or any third-party for any termination of your access to the directory or services.  Further, you agree not to attempt to use the service after said termination. 

Sections 2, 4, 6 and 10-16 shall survive termination.

6. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE BUILDING TRADES DIRECTORY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BTD SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE BTD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BTD SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, the BTD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BTD SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BTD SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE BTD DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BTD SITE OR THE SERVICE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE BTD BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE BTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BTD SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BTD SITE OR THE SERVICE, FROM INABILITY TO USE THE BTD SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BTD SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BTD SITE OR THE SERVICE OR ANY LINKS ON THE BTD SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BTD SITE OR THE SERVICE OR ANY LINKS ON THE BTD SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

8. INDEMNITY

You agree to indemnify and hold the Building Trades Directory, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the directory or service, your use of the service, your violation of the terms listed herein, your breach of any of the representations and warranties herein, or your violation of any rights of another.

 

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Building Trades Directory: June 1998 c/w. 2009 -- -->

 

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Legal - BTD TERMS OF USE