Welcome to the User Agreement Terms and Conditions for American Tradesman.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.AmericanTradesman.com.
AmericanTradesman.com reserves the right to change the terms and conditions if this Agreement at any time. You will be notified of any such changes by posting the changes at this website. Your continued use of this website or the services offered following notice of such changes indicates your acceptance of the changes and agreement to be bound by them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should cease all use of this website and its services.
You must read, agree with and accept all of the terms and conditions, 1-11, contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before becoming a member or use of the services of American Tradesman.com. The term "member" or "membership" refers to any person and/or business that registers for a business listing or registers for any other free or paid services provided by AmericanTradesman.com. This Agreement is effective upon acceptance at registration and/or throughout the usage of this site. We may amend this Agreement at any time by posting the amended terms on this website.
AmericanTradesman.com will use reasonable efforts to maintain the continuous operation of its website and provision of services; however, AmericanTradesman.com does not guarantee that the same will continuously remain operational or that there will not be unanticipated delays in the provision of the services. Unforeseen equipment, software and network failures, acts of God, and periodic scheduled maintenance may cause the servers to go off line or other equipment failures.
1. MEMBERSHIP ELIGIBILITY:
Americantradesman.com membership services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our membership services are not available to children (persons under the age of 18) or to indefinitely suspended americantradesman.com members. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. FEES AND SERVICES:
Americantradesman.com is an advertisement fee-based membership directory. We offer semi-annual or annual rates for listing your business on americantradesman.com's online directory. Please visit our Membership Packages for rates and membership benefits available. Rates for our services are subject to change, however, the rate for your assigned Membership Package will remain the same until the expiration date of your package. Americantradesman.com will be updated and upgraded on a regular basis.
Unless otherwise stated, all rates are quoted in U.S. Dollars. You are responsible for paying all fees for your Membership Package associated with using our services.
Membership does expire on a semi-annual or annual basis depending on the membership term you selected. You will be notified 30 days prior to expiration of your membership to renew your service. Notification will be by E-Mail or postage card. If membership is cancelled for any reason prior to the expiration date of membership terms, all fees and/or amounts paid are nonrefundable.
Americantradesman.com's Bid Central and Classified ads are a free service that brings together buyers and sellers. The price and other terms of any sale or bid remain the subject of direct negotiation between the buyer and the seller, business and consumer, business and business.
3. LISTING YOUR BUSINESS OR USE OF FREE SERVICES: (Prohibited Use of Pornography and Obscenities)
Your listings may only include text descriptions, graphics, pictures and other content relevant to the construction industry in the promotion of your business. Inappropriate content, use of obscenities, and/or pornography whether in the form of text, graphics and/or pictures are strictly prohibited from use and display on americantradesman.com. Americantradesman.com reserves the right to determine what inappropriate use is. Americantradesman.com reserves the right to terminate any member and corresponding membership, person or business we suspect is violating this condition.
Member accounts engaged in inappropriate behavior or activity on americantradesman.com is in violation of this Agreement and will be removed from the membership listing and our database immediately and indefinitely. Membership fees and/or any amounts paid are nonrefundable.
Americantradesman.com will use reasonable efforts to maintain the continuous operation of its website and provisions of services; however, AmericanTradesman.com does not guarantee that the same will continuously remain operational or that there will not be unanticipated delays in the provision of services.
4. LINKS TO OTHER WEBSITES:
You acknowledge and agree that although Americantradesman.com provides a link to other websites, Americantradesman.com neither directly nor indirectly expresses nor implies any approval, association, sponsorship, endorsement or affiliation with the linked website. All websites linked to Americantradesman.com may not have been reviewed. Americantradesman.com is not responsible for the content of any other website linked to Americantradesman.com and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by you to any other websites is at your own risk.
5. FRAUD:
Americantradesman.com may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with this website. Membership fees and/or any amounts paid are nonrefundable.
6. DISCLAIMER:
Americantradesman.com does not represent or guarantee any of the businesses, trades or professions, nor warrant their work skills or ethics, listed on or linked to this website. Americatradesman.com does not assume any part of your business risk. You agree that americatradesman.com will not be liable for any damages resulting from interruption of business related to any failures or other delays of this website or the services, including for any indirect, special, incidental or consequential damages of any kind. You agree to indemnity and hold
americantradesman.com., its officers, directors, employees, agents, and representatives harmless,
including and without limitation, from any and all liabilities, claims, attorney's fees and
court costs for use of americantradesman.com's services.
7. NO WARRANTIES/LIMITATIONS ON LIABILITY:
AMERICANTRADESMAN.COM MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE AMERICANTRADESMAN.COM SITE OR SERVICES, OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE AMERICANTRADESMAN.COM SITE. AMERICANTRADESMAN.COM SHALL NOT BE LIABLE TO THE MEMBER OR THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL AMERICANTRADESMAN.COM OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE AMERICANTRADESMAN.COM SITE. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST AMERICANTRADESMAN.COM OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO THE USE OF THE AMERICANTRADESMAN.COM SITE SHALL NOT EXCEED $100.
8. PROPRIETARY RIGHTS:
You acknowledge and agree that Americantradesman.com's services and any necessary software used in connection with Americantradesman.com's service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content in the Americantradesman.com website, or presented to you through the service, are protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by Americantradesman.com, you agree not to modify, sell, distribute or create derivative works based on Americantradesman.com's service or software, in whole or part.
9. GOVERNING LAW:
This Agreement of Terms and Conditions and the relationship between the user and
americantradesman.com shall be governed by the laws of the State of Florida without regard to its
conflict of law provisions. The user and AmericanTradesman.com agrees to submit to the personal
and exclusive jurisdiction of the courts located within the county of Brevard, Florida.
10. RIGHT TO ENFORCE:
The failure of americantradesman.com to exercise or enforce any right or provision of this
Agreement and its Terms and Conditions shall not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless, agree that the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of this Agreement of Terms and Conditions shall remain in
full force and in effect.
11. TERMS OF FILING:
The user agrees 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 service or the terms and conditions of this Agreement must be
filed within one (1) year, after such time any claim or cause of action will be forever barred.