We appreciate your interest in
advertising in our home improvement directory, the ultimate online resource
connecting consumers with construction contractors and suppliers throughout the
Any contractor or vendor wishing to place a listing in our home improvement directory
must read and acknowledge acceptance of these terms and conditions by clicking
the button at the bottom of this page.
ContractorFindUSA Listing Service
Listings Service Agreement (this "Agreement") is made and entered into by ContractorFindUSA,
a division of New Jersey Internet Consultants, LLC, a New Jersey limited liability
company with offices located at 55 Hudson Street, Hackensack, New Jersey 07601("ContractorFindUSA")
and the business entity identified by you when registering and accepting this Agreement
(the “Advertiser”) by clicking on an “I Accept” button or similar button or link,
where such action is identified as having the effect of accepting this Agreement.
You acknowledge, represent and warrant that you are authorized to enter into this
Agreement on behalf of the Advertiser, that your Acceptance of this Agreement has
the effect of making the Advertiser a party and bound to this Agreement, and that
the information submitted by you to ContractorFindUSA, via online forms or otherwise,
is authentic and correct.
this Agreement, Advertiser submits business listing(s) for, and/or link(s) to, its
web site(s) for inclusion on the ContractorFindUSA web site (including its online directory
of businesses, the “Directory”). Such listings and links may be any of two
types: (1) Featured Listings and (2) Standard Listings. The terms and conditions
applicable to each are set forth below.
ContractorFindUSA Listing Products:
Listings on the ContractorFindUSA website are sold on first come first serve basis.
Advertiser will provide all listing information to ContractorFindUSA including content,
artwork, logos and other graphics in an acceptable format for uploading onto the
ContractorFindUSA directory. Advertiser will approve the specific details of
its Featured Listing(s), and Advertiser will be automatically billed for each Featured
Listing for each month.
Listings receive placement at the top of the relevant category listings of the ContractorFindUSA
site and above Standard Listings in the Directory pages, which are ranked, vis a
vis other Featured Listings. Advertiser’s Featured Listing's fees are subject
to change throughout the life of Advertiser’s account as a result of higher rates
paid by other companies for Featured Listings.
B. Standard Listings
of a website title, description and URL, including keywords ("Standard listing")
on the ContractorFindUSA site are sold on an annual renewal fee. ContractorFindUSA
may, in its sole discretion, change the renewal fee at any time.
Listings receive placement below Featured Listings. In the ContractorFindUSA
Directory, Standard Listings are ranked below Featured Listings and are presented
in alphabetical order.
submission by Advertiser of a Standard Listing submission form, ContractorFindUSA
will review the Standard Listing, containing the information submitted by Advertiser
regarding its website, to determine whether Advertiser’s Standard Listing and applicable
web site is eligible for inclusion in the ContractorFindUSA Directory. Within
five (5) business days from the date the Standard Listing submission form is received, ContractorFindUSA
will review Advertiser’s Standard Listing
to determine whether it is eligible for inclusion in the ContractorFindUSA
Service Fees and Payment Terms
agrees to pay all applicable charges under this Agreement, including any applicable
taxes or charges imposed by any government entity. If Advertiser disputes any
charge made under this Agreement, Advertiser must notify ContractorFindUSA in writing
within sixty (60) days of any such charge; failure to so notify ContractorFindUSA
shall result in the waiver by Advertiser of any claim relating to any such disputed
charge. Charges shall be calculated solely based on records maintained by ContractorFindUSA.
No other measurements or statistics of any kind shall be accepted by ContractorFindUSA
or have any effect under this Agreement.
which are past due by more than thirty (30) days shall bear interest at the rate
of one and a half percent (1.5%) per month or the maximum rate permitted by applicable
law, whichever is less, and Advertiser shall reimburse ContractorFindUSA for any
collection and legal fees incurred as a result of Advertiser’s late payment of any
amount due and payable hereunder. All payments made under this Agreement are
a Featured Listing and/or Standard Listing account with ContractorFindUSA, Advertiser
must maintain a valid Visa, MasterCard or American Express credit card number on
file with us. However, an on-file credit card number is not required if Advertiser
has been approved by ContractorFindUSA for payment by invoice, at
sole determination and discretion, subject to an approved credit application from
year from the date of Advertiser’s Featured Listing and/or Standard Listing's inclusion
in the ContractorFindUSA Directory, ContractorFindUSA will contact Advertiser via
the email address provided by Advertiser to ContractorFindUSA. At that time,
Advertiser will be provided with details of how to renew its Standard Listing for
another year. Should Advertiser choose to renew its listing at that time, Advertiser’s
credit card will be charged the non-refundable renewal fee. If Advertiser
fails to renew its Standard Listing within 30 days after receiving an e-mail renewal
notice, ContractorFindUSA shall remove the listing without further notice to Advertiser.
Editorial Standards and Requirements
submissions to the ContractorFindUSA site or network partner sites will be subject
to ContractorFindUSA editorial review, modification and/or removal in ContractorFindUSA’s
sole discretion. ContractorFindUSA reserves the right, but not the obligation,
to review Advertiser submissions. Advertiser represents and warrants that its
listings, links and submissions to the ContractorFindUSA site and network partner
sites do not, and will not include content, or links to content, which may result
in a third party claim against, or civil or criminal liability to, ContractorFindUSA
or its affiliate(s) or partner(s) or that otherwise violates applicable law or the
terms of this Agreement, including, without limitation, content that is fraudulent,
deceptive, libelous, defamatory, obscene, pornographic, adult-themed, infringing
or that violates the privacy, publicity or any other right(s) of a third party.
Advertiser hereby agrees to indemnify, defend and hold harmless ContractorFindUSA
and its affiliates and partners, and any of their officers, directors, partners,
shareholders, agents, licensees and employees, from and against all third party claims,
actions, liabilities, losses, expenses, damages, and costs (including, without limitation,
reasonable attorneys' fees, collectively, “Losses”) that may at any time be incurred
by any of them by reason of any third party claims, suits or proceedings against
any of them: (a) arising out of any breach by Advertiser of any duty, representation
or warranty under this Agreement; or (b) arising from the content or subject matter
of any Advertiser listing, link, submission or content of sites to which visitors
can link through Advertiser’s links or listings. ContractorFindUSA retains
complete editorial discretion with respect to all listings and links, including,
without limitation, regarding their selection, placement, keywords, title, descriptions
A. By Advertiser
may cancel any listing or link, and/or terminate this Agreement by canceling all
listings and links hereunder, with or without cause, at any time, as follows with
no further obligation of ContractorFindUSA, including, without limitation, any obligation
by ContractorFindUSA to refund any fees paid hereunder by Advertiser:
To CANCEL, Advertiser must provide written notice of cancellation to ContractorFindUSA
c/o New Jersey Internet Consultants, 55 Hudson Street, Hackensack, New Jersey 07601,
or by telefax at (201) 498-0016. Electronic mail is not considered acceptable
notice of cancellation. Once a cancellation request has been processed,
Advertiser’s listings will be cancelled on the ContractorFindUSA site.
"business day" is any day other than a Saturday, Sunday, federal or other legal holiday
on which banking institutions in the State of California are not required to open.
as any link or listing is active, Advertiser’s account and this Agreement will remain
active and in force.
B. By ContractorFindUSA
reserves the right, in its sole discretion, to (i) remove Advertiser’s Featured Listings
or Standard Listings and/or cancel Advertiser’s account for non-payment or violation
of any other term or condition of this Agreement, including, without limitation,
repeated infringement of third party copyrights; (ii) change the fees for Featured
Listing or Standard Listing; (iii) change the procedures or rules for obtaining or
maintaining a Featured Listing or Standard Listing; (iv) alter the content or other
aspect of any Featured Listing or Standard Listing; and (v) discontinue Featured
Listings or Standard Listings and/or the ContractorFindUSA Directory or website.
Payment of Advertiser’s monthly fee will not guarantee that Advertiser’s listing(s),
link(s) and/or account will remain on the ContractorFindUSA Directory or website
if Advertiser or Advertiser’s listing is deemed to be in violation of any term or
condition of this Agreement. Upon any termination or expiration of this Agreement,
Advertiser shall promptly pay ContractorFindUSA all moneys due hereunder.
will notify Advertiser via telephone or e-mail of such cancellation or termination.
endeavors to protect the security of Advertiser’s payment information during transmission
by using Secure Sockets Layer ("SSL") software, which encrypts payment information
Advertiser inputs. When confirming an order with Advertiser, we reveal only
the last four digits of Advertiser’s credit card number. Of course, we transmit
the entire credit card number to the appropriate credit card company during order
processing. ContractorFindUSA uses industry standard practices to safeguard
the confidentiality of Advertiser’s payment information, including credit card numbers.
It is important
for Advertiser to protect against unauthorized access to its password and to its
computer. Advertiser is responsible for maintaining the confidentiality of
its account and password and for restricting access to its computer, and Advertiser
agrees to accept responsibility for all activities that occur under its account or
with Featured Listings and Standard Listings, Advertiser is required to submit registration
information. All such information is retained by ContractorFindUSA subject
to the terms and conditions of the
to the terms and conditions of this Agreement, Advertiser hereby grants to ContractorFindUSA
a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i)
reproduce, distribute, transmit, display, perform, download, cache, store on its
servers, and otherwise use Advertiser’s listings and submissions, and any portion
thereof, including, without limitation, Advertiser’s trademarks, trade names, service
marks and logos set forth therein, or as otherwise specified in writing by Advertiser
(collectively the “Advertiser Marks”), solely to display and provide Advertiser’s
listings and links in accordance with this Agreement; and (ii) incorporate in ContractorFindUSA’s
MAKES NO WARRANTIES (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES,
STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN
OR OTHERWISE. CONTRACTORFINDUSA’S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT
TO DELAYS CAUSED BY WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND
CONTRACTORFINDUSA’S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT CONTRACTORFINDUSA’S
SITE IS OPERATED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND THAT ContractorFindUSA
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT
OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.
Limitation of Liability
IN NO EVENT
OR ANY OF ITS AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH
CLAIM IS BASED. IN NO EVENT SHALL CONTRACTORFINDUSA’S LIABILITY FOR ANY REASON
WHATSOEVER EXCEED THE FEES PAID TO ContractorFindUSA BY ADVERTISER UNDER THIS AGREEMENT
DURING THE CALENDAR YEAR DURING WHICH THE APPLICABLE CLAIM ACCRUED.
In no event
shall Advertiser collect, or cause or permit the collection of, any Personal Information
(as defined below) from users of ContractorFindUSA site while such users are browsing
or viewing ContractorFindUSA’s site, or place any file or code on the personal computers
of users of ContractorFindUSA’s site while such users are browsing or viewing ContractorFindUSA’s
site. ContractorFindUSA’s privacy policies shall apply to users of ContractorFindUSA’s
Web Site while users are browsing or viewing ContractorFindUSA’s site, and Advertiser
shall comply with same. ContractorFindUSA shall own all information relating
to user access to ContractorFindUSA’s site, including, but not limited to, all Personal
Information, demographics and usage information gathered there from. “Personal
Information” includes an individual’s name, address, e-mail address, age, date of
birth, credit card or other financial information, or any other contact or personal
information about an individual or from which the personal information about an individual
can be derived.
A. Applicable Law
(a) shall be governed by and construed in accordance with, the laws of the State
of New Jersey, without giving effect to principles of conflicts of law; (b) constitutes
the complete and entire expression of the agreement between the parties with respect
to the subject matter hereof; and (c) shall supersede any and all other agreements,
whether written or oral, between the parties, including, without limitation, any
print, online and electronic promotional materials. All waivers hereunder must
be expressly made in writing. Should any provision of this contract be held
to be void, invalid, or inoperative, such provision shall be modified to reflect
the fullest enforceable intent of the parties, or if such modification is not possible,
severed, and the remaining provisions of this contract shall not be affected and
shall continue in full force and effect. Exclusive venue for all disputes arising
out of or related to this Agreement shall be the Superior Court of New Jersey, Hackensack,
New Jersey, and each party hereby irrevocably consents thereto. Any rights
or obligations hereunder may not be transferred or assigned by Advertiser without
the prior written consent of ContractorFindUSA.
ContractorFindUSA reserves the right to change any of these terms and conditions at
any time without notice. You are responsible for complying with any changes to the
terms and conditions within 10 days of the date of change.
Minimum Age Requirements:
No person under the age of 18
is allowed to participate in our advertising program. There are no exceptions.