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| User Agreement |
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This agreement describes
the terms and conditions applicable to your ("SUBSCRIBER") use
of our service herein referred to as ("SOAPSTONE BID").
SOAPSTONE 101 is involved with the matching of the SUBSCRIBER
with fabricators ( "SERVICE PROVIDERS") whom the SOAPSTONE 101
deems meet the request as outlined by SUBSCRIBER in the on line
form that the SUBSCRIBER has used to communicate such request.
This User Agreement contains nine (9) sections that describe the
terms and conditions under which SOAPSTONE 101 offers you an
account for use of the service provided through our web site.
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Eligible SUBSCRIBERS
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 SUBSCRIBER information and or requests submitted to us.
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General Disclaimer
In using SOAPSTONE BID, you acknowledge that SOAPSTONE 101
is not acting as your general contractor, agent, or advisor.
Therefore, it is your sole responsibility to select SERVICE
PROVIDERS and to negotiate the terms/fees for any work
performed. 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.
SOAPSTONE 101 does not
(i) recommend or endorse any specific SERVICE PROVIDER
(ii) provide advice on which SERVICE PROVIDER to select, or
(iii) screen any individual SERVICE PROVIDER's personal
credit or legal standing.
SOAPSTONE 101 relies on electronic data provided by third
parties and on statements made by SERVICE PROVIDERS and
their references to determine which SERVICE PROVIDERS to
include in our database. Due to the inherent time delay in
the data gathering process, pending actions or other issues
affecting a SERVICE PROVIDERS record may have occurred which
were not captured by the third party data sources used by
SOAPSTONE 101. SOAPSTONE 101 does not guarantee that any
SERVICE PROVIDERS has insurance coverage at the time you
enter into an agreement with the SERVICE PROVIDERS and makes
no representation as to the adequacy of any insurance
coverage (including amount, breadth, or type). . Unless
otherwise specifically stated, SOAPSTONE 101 does not
endorse any product or service described in, offered on, or
linked to any of SOAPSTONE 101's websites.
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Use of Account; Privacy
Use of Account, In order to protect the SUBSCRIBER and the
personal information obtained from the SUBSCRIBER, SOAPSTONE
101 will comply with all applicable laws and regulations
when using personal information. SOAPSTONE 101 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 SERVICE
PROVIDERS as the SUBSCRIBER has requested on the on line
form.
You may copy information provided by SOAPSTONE 101 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 SOAPSTONE
101 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 yourself, or otherwise making information
available electronically or in any other form.
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Changes to the Service or Terms
SOAPSTONE 101 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 SOAPSTONE 101.
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Disclaimer of All Warranties /
Waiver of Rights
You understand that SOAPSTONE 101 has no control over any
Third Party services. SOAPSTONE 101 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 SOAPSTONE 101 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. SOAPSTONE 101 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. SOAPSTONE 101 does not guarantee the quality
or fitness of any work performed by any SERVICE PROVIDERS.
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Limitations of SOAPSTONE 101
Liability Release
SOAPSTONE 101 and its suppliers will not be liable for
damages of any nature arising from or relating to your use
of the service or the Third Party services or use thereof by
anyone else through your account. SOAPSTONE 101'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. 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 SOAPSTONE 101's liability beyond what is
permissible under applicable law. You agree not to hold
SOAPSTONE 101 responsible for any damages or other
liabilities arising from work performed by any contractor.
Because SOAPSTONE 101 is not and cannot be involved in your
dealings with SERVICE PROVIDERs or control whether or not
SERVICE PROVIDERs will complete any work as agreed, in the
event that you have a dispute with one or more SERVICE
PROVIDERs, you release SOAPSTONE 101 (and our agents and
employees) 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
such disputes.
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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 SOAPSTONE 101 at
estimator@Soapstone101.com. Notifying SOAPSTONE 101 in any
other way of your desire to terminate your account may
result in delays in processing your request. SOAPSTONE 101
reserves the right to immediately suspend or terminate your
account in its sole discretion.
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Disputes
You agree that, unless otherwise prohibited by law, all
disputes, claims, or causes of action, in law or equity,
arising from or relating to this Agreement or its
enforcement, performance, breach, or interpretation shall be
resolved solely and exclusively by confidential final and
binding arbitration in Frederick County, Maryland, through (i)
Better Business Bureau Binding Arbitration for claims less
than or equal to $2,500 or (ii) Judicial Arbitration and
Mediation Services/Endispute ("JAMS") for claims more than
$2,500, under then-existing BBB or JAMS arbitration rules
and procedures. Any such controversy or claim shall be
arbitrated on an individual basis and shall not be
consolidated in any arbitration with any claim or
controversy of any other party. Judgment on the arbitration
award may be entered into any court having jurisdiction
thereof.
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Miscellaneous
SOAPSTONE 101, the SERVICE PROVIDERs, and any marketing
Partners are separate entities and share no agency,
partnership, franchise, joint venture, or employment
relationship. You agree that this Agreement will be governed
by the laws of the state of Maryland, in the same manner and
to the same extent that such laws apply to agreements
between Maryland residents performed entirely within
Maryland. If any provision of this Agreement is invalid or
unenforceable under applicable law, such provision will be
deemed modified to the extent necessary to render such
provision valid and enforceable and the other provisions of
this Agreement will remain in full force and effect. This
document and the pages referred to herein represent the
entire agreement governing your use of the service and
supersede any prior or contemporaneous written or oral
statements by SOAPSTONE 101 or its representatives or
resellers.
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