|
|
|
|
| |
|
|
| |
|
|
| |
|
|
| |

Don't forget to say you found them on Rate My Carpenter.com
|
|
WEBSITE TERMS OF SERVICE
1. Acceptance of Terms. Welcome to RMC.com, LLC. By using our RateMyCarpenter.com Internet website,
you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they
may have changed since your last visit. The most recent version of these terms and conditions may be viewed at
http://www.RateMyCarpenter.com/Legal.aspx. These Terms of Service apply to all RateMyCarpenter.com online services
and features unless otherwise indicated.
2. Scope of Service. RMC.com, LLC (“RateMyCarpenter.com” or “we”) maintain this website as a service to the user
community that visits the site subject to these Terms of Service. The term “website” includes all services and
features available on RateMyCarpenter.com, including our online discussion forums, bulletin boards and chat rooms,
if any. Users of this website (“you”) are responsible for obtaining any equipment and Internet service necessary to
access our website and for any paying any fees for the equipment and service you select. We may alter, suspend, or
discontinue this website in whole or in part, at any time and for any reason, without notice. The website may also
periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
3. Website Content. Users have a personal, non-transferable, non-exclusive right to access and use the Content of
this website subject to these terms and conditions. The term “Content” means all information, text, images, data,
links, software, or other material accessible through the website, whether created by us or provided by another person
for display on the website.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right
to make changes to document names and content, descriptions or specifications of products or services, or other
information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website, subject to the following
conditions:
a. The Content may be used solely for internal informational purposes. No part of this website or its Content
may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and
recording for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use this website or any Content displayed on this website, through the use of framing or
otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or
the permission of such third party that may own the trademark or copyright of material displayed on this website.
4. Indemnification.
By using this website, you agree to indemnify, hold harmless and defend RMC.com, LLC from any claims, damages,
losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting
directly or indirectly from a claim by a third party that arises in connection with your use of this website.
5. Content Submitted by Users.
a. Accuracy. You may use this website without volunteering personally identifiable information. Please refer
to our Internet Privacy Policy for additional information on our practices for handling personally identifiable
information. However, if you choose to provide information to register for or participate in a service, event, or
promotion on this website, you agree that you will provide accurate, complete, and up to date information as
requested on the screens that collect information from you.
b. Liability. We are not responsible or liable for the conduct of users or for views, opinions and statements
expressed in Content submitted for public display through our website, such as through an online discussion forum,
bulletin board or chat room. We do not prescreen information posted to online discussion forums, bulletin boards or
chat rooms. With respect to such forums, bulletin boards and chat rooms, we are acting as a passive conduit for such
distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other
information in Content expressed or made available by users of an online discussion forum, bulletin board or chat
room are those of the respective author(s) or distributor(s) and not RMC.com, LLC. We neither endorse nor guarantee
the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content
submitted to this website is not provided in violation of any copyright, trade secret or other intellectual property
rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of
copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading,
posting or submission of Content to this website.
c. Monitoring. We have the right, but not the obligation, to monitor Content submitted to our website through an
online discussion forum, bulletin board or chat room, to determine compliance with these Terms of Service and any
other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material
submitted to or posted in any online discussion forum, bulletin board or chat room provided through this website.
Without limiting the foregoing, we have the right to remove any material that RMC.com, LLC, in its sole discretion,
finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the
Content that you post to this website.
d. Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain
activities intended to influence legislation. Content posted by users does not constitute lobbying by RMC.com, LLC,
but may constitute lobbying by you or an organization that you represent. You are responsible for complying with
any applicable lobbying restrictions.
6. Prohibited Conduct.
By accessing our website or any chat room, bulletin board, online discussion forum, or other service provided through
our website, you agree to abide by the following standards of conduct. You agree that you will not, and will not
authorize or facilitate any attempt by another person to use our website or any related chat room, bulletin board or
online discussion forum to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive,
obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by RMC.com, LLC.
b. Use a name or language that RMC.com, LLC, in its sole discretion, deems offensive.
c. Post defamatory statements.
d. Post hateful or racially or ethnically objectionable Content.
e. Post Content which infringes another's copyright, trademark or trade secret.
f. Post unsolicited advertising or unlawfully promote products or services.
g. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
h. Impersonate another person.
i. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
j. Exploit children under 18 years of age.
k. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
l. Introduce viruses, worms, Trojan horses and/or harmful code to the website.
m. Obtain unauthorized access to any computer system through the website.
n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private
information about a person without their consent (or their parent’s consent in the case of a child under 13 years of
age).
o. Solicit personal information from children under 13 years of age.
p. Violate any federal, state, local, or international law or regulation.
q. Encourage conduct that would constitute a criminal or civil offense.
These are some, though not all, of the activities that may result in removal of Content which you post to the website
and/or the termination of your access to the website.
7. Children.
This website is intended to serve a general audience and does not provide specific features or services targeted
at children under age 13. We do not knowingly solicit personal information regarding children under age 13.
8. Intellectual Property Rights.
Unless otherwise noted, all Content contained on this website is the property of RMC.com, LLC and/or its affiliates
or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark
law, international conventions and other intellectual property laws. Product names are trademarks or registered
trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by RMC.com, LLC and with the expectation
that such Content will be made publicly accessible through our website. By submitting such Content, however, you
agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute,
reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license
shall remain in effect until we delete the Content from our systems.
9. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this website infringe your copyright, you may request that they be removed.
This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative
and must include the following information: (1) identification of the copyrighted work that you believe to be
infringed, including a description of the work and, where possible, a copy or the location of an authorized version of
the work; (2) identification of the material that you believe to be infringing and its location, including a
description of the material, its website location or other pertinent information that will help us to locate the
material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith
belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
(5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury,"
you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for
copyright issues relating to this website is: Webmaster, RMC.com, LLC, 92 Allison St., Newton, MA 02458 (address),
(857)-540-1511 (phone), greg@RateMyCarpenter.com (e-mail).
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate
circumstances, of users of this website who are repeat infringers.
10. Security.
When you register to participate in an online discussion forum, chat room, bulletin board, promotion, or other service
offered on this website, you may be required to establish a login identifier and a password. You are responsible for
protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your
account. You agree to notify us immediately if you believe that your login or password has been or may be used
without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused
by your failure to safeguard your login and password.
11. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content
on this website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through this website. You are responsible for seeking the advice of
professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION RMC.COM, LLC DOES NOT WARRANT
THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT
NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE
UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability.
IN NO EVENT SHALL RMC.COM, LLC BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE,
INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER
BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING ANY NEGLIGENCE OF RMC.COM, LLC), OR OTHERWISE, EVEN IF HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ADDITIONALLY, RMC.COM, LLC SHALL NOT BE LIABLE TO ANY USER OF THIS
WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES RELATED TO THE ACTS OR OMISSIONS OF CONTRACTORS, SERVICE PROVIDERS OR ANY OTHER THIRD PARTIES IN CONNECTION
WITH OUR WEBSITE.
13. Exclusions.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Links to Third-Party Websites.
This website may contain links to non-RMC.com, LLC websites that are provided to you as a convenience. Any outside
website accessed from our website is independent from RMC.com, LLC, and we have no control over the content of such
websites. We are not responsible for the content of any linked website or for any loss or damage incurred in
connection with your use of such links or dealings with the operators of such non-RMC.com, LLC websites.
15. No Implied Endorsements.
In no event shall any reference to any third party or third party product or service be construed as an approval or
endorsement by RMC.com, LLC of that third party or of any product or service provided by a third party. Likewise, a
link to any non-RMC.com, LLC website does not imply that we endorse or accept any responsibility for the content or
use of such a website. RMC.com, LLC does not endorse, warrant or guarantee any product or service offered by any
third party through an online discussion forum, bulletin board or chat room accessible through this website and will
not be a party to or in any way monitor any transaction involving any third party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you are responsible for
exercising appropriate judgment and caution.
16. Jurisdictional Issues.
We make no representation that information on this website is appropriate or available for use outside the
United States. Those who choose to access this website from outside the United States do so on their own initiative
and at their own risk and are responsible for compliance with applicable local laws.
17. Termination.
We may terminate any user’s access to our website, including access to any online discussion forum, bulletin board or
chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to
terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that
we are not liable to you or any third party for any termination of your access to our website.
18. Enforcement.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts,
United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted
in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American
Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the
Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing
party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such
an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both
parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to
seek injunctive relief, security, or other equitable remedies from the United States District Court for the District
of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be
authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or
punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s
authority, void, and unenforceable.
19. Severability.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed
severable and shall not affect the validity and enforceability of the remaining provisions.
20. Entire Agreement.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein.
We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
21. For Additional Information.
If you have any questions about these Terms of Service, please contact greg@RateMyCarpenter.com
Copyright © 2009, RMC.com, LLC. All Rights Reserved.
Internet Privacy Policy
Your privacy, and the privacy of all registered users of RateMyCarpenter.com, is important to us. Accordingly, we have
adopted the following privacy policy. Our policy is based on the principles of notice, choice, access and security in
the collection and use of all information regarding our users and their activities at our site.
1. Notice
This policy tells you, among other things, what information we gather from you, how we may use or disclose that
information and our efforts to protect it. Please read this policy carefully, and feel free to contact us at
info@RateMyCarpenter.com if you have any questions regarding its contents.
Types of Information Collected
In connection with your use of our site, we ask for and may collect a variety of information from and about you in
different ways. For example, when you use our site, we may ask for and store your and/or your business’ name,
address, email address and other identifying contact data. We may also collect the information you disclose in any
of our chat rooms, discussion groups and bulletin boards.
Use of Cookies
Use of certain portions of our site may require that you accept the use of cookies, which are small data files that
our Web site sends to your browser for storage on your computer’s hard drive. We may use cookies to protect
confidential data, track activity at our site and better serve your needs and interests.
Use of Information
We use your personally identifying information to identify you as a user of our site and to create and deliver to you
our newsletters, surveys or other communications containing product information, cosmetics tips, promotions, or
information concerning your order. We may also use the information you provide for internal business purposes, such
as generating statistics and developing marketing plans. We may use your email address to contact you directly
regarding services or products that we believe may be of interest to you. We may also associate your personally
identifying information with information we collect about your preferences and activities at the site, such as the
particular pages you request at the site and purchases or other transactions you effect through the site. We may vary
the content you receive in future visits to the site based on your preferences and activities.
We may combine your personally identifying information, and information about your preferences and activities, with
those of all or a particular group of our users to prepare collective profiles of our users and their activities.
For example, we may track the number of our users who view certain pages or use certain features or compile the total
dollar amount of sales conducted through our site in a particular geographic region. Such information, and other
information we derive from individual users’ information, allows us to continue to grow and provide you with quality
fellow users through more accurate marketing and advertising of our Web site.
Disclosure of Information
Although we make every effort to maintain the privacy of our users, we may need to disclose information to fulfill
certain legal and regulatory requirements, or if we have a good faith belief that such action is necessary to comply
with a current judicial proceeding or a court order or legal process served on us, or to assert or defend our legal
rights, or to protect us or others from harm to persons or property.
We may disclose collective profiles of our user groups and their activities and preferences in describing our site and
services to prospective partners, advertisers and other third parties, and for other lawful purposes.
We may transfer user information in connection with a business transition that takes place, such as a merger of
RMC.com, LLC with and into another entity, the acquisition of RMC.com, LLC by another entity, or a sale of a portion
of RMC.com, LLC’s assets to another entity.
Our site allows users to express their views and opinions, in accordance with the standard of conduct contained in our
Terms of Service, by posting messages to bulletin boards and chat rooms, and by participating in any other online
discussion forum available on our site. Users who submit information to these forums do so with the understanding
that the information will be made publicly available. Once information becomes publicly available on our site, it
may be downloaded or copied by third parties, and RMC.com, LLC has no control over who may access the information or
how they might use it.
2. Choice
You may choose to restrict our use of your information for purposes not directly related to our site or prohibit our
disclosure of your information to others, by contacting us and directing us to impose such limits. For example, if
requested, we will not provide your information to any third parties for marketing or promotional purposes. Please
note, however, that we cannot guarantee that information will not be disclosed to any third parties, regardless of
the steps they may take to protect such information. If you do not wish us to provide your information to third
parties, or otherwise wish us to restrict the use or disclosure of your information, please send us an e-mail at
info@RateMyCarpenter.com.
In addition, we will not send unsolicited messages to users of our site who indicate that they do not wish to receive
such messages. If you do not wish to receive unsolicited email messages from us, please contact us at
info@RateMyCarpenter.com.
3. Access
At any time after you have logged on to our site, you may contact us at info@RateMyCarpenter.com to request
access to information we have collected regarding you or your business or to notify us of changes to such information.
If you request any such changes, we will contact you by email or fax to confirm those changes. Once confirmed, any
new item of information will replace the corresponding information previously provided.
4. Security
We restrict access to any transactional portions of our site to computers running web browsers that support Secure
Socket Layer ("SSL") protocol. To use this protection technology, you need to have an SSL-capable browser, such as
Netscape Navigator 4.5 or higher, Microsoft Internet Explorer 4.5 or higher. These browsers will automatically
activate the technology when you log on to our site. For all other portions of our site, we take precautions to
protect our users’ information, including physical, technical, and administrative measures intended to prevent
unauthorized access to or use of personally identifiable user information.
Please remember that you play a valuable part in security as well. Your password that you select to access
certain portions of our site should never be shared with anyone and should be changed frequently. After you have
finished using our site, you should log off and exit your browser so no unauthorized persons can use our site with
your name and account information. Remember that any information you voluntarily disclose on-line in any news or
message postings, discussion groups or chat rooms may be collected and used by others without your permission.
Furthermore, if you provide any information to parties who operate Web sites that are linked to or from our site,
different rules may apply to their collection, use or disclosure of your personal information. We encourage you to
review these sites’ policies before revealing any sensitive or personal information.
Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. We cannot
ensure or warrant the security of any information you transmit to us, and you transmit such information at your own
risk.
Special Policy on Information Regarding Teens (persons 13 to 17 years of age).
Teens are required to provide the e-mail address of a parent or guardian before submitting any personally identifiable
information. A notification message is sent to the parent or guardian of all guests who identify themselves as being
between 13 and 17 years of age, which discloses the information provided by the teen and allows the parent or
guardian to be aware of and participate in the teen’s on-line experience.
Changes to Privacy Policy.
It may be necessary from time to time for us to modify this policy to reflect changes in the way we collect and use
information or changes in privacy-related laws, regulations, and industry standards. Accordingly, we reserve the
right to change this policy at any time. If we decide to revise our privacy policy, we will post our changes to
this privacy policy, and to any other place on our site that we deem appropriate so our users are always aware of
what information we collect, how we use it, and under what circumstances, if any, we disclose it. We may also e-mail
our users of any changes that we make to this privacy policy.
This policy was posted on January 1, 2010. Data will be handled in accordance with the policy in effect at the time
the data is collected.
|