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ABOUT YOUHIRETHECONTRACTOR.COM

 

Welcome to Youhirethecontractor.com.  Youhirethecontractor.com is an online marketplace that connects persons and businesses (the "Customers") in need of certain services, ie: home or business repairs and projects, with professional contractors (the "Contractors") and provides unique services to help Customers and Contractors to more efficiently and effortlessly identify each other to build professional connections, exchange ideas and information, find and create opportunities, facilitate and make deals and establish and maintain a network of professional relationships.  Youhirethecontractor.com offers online marketplace services, including a site where: (1) Customers not only can post project requests and job descriptions (such postings collectively referred to herein as "Projects") to receive proposals and quotes from Contractors, but can also review a Contractor's profile and read reviews and comments posted by other Customers about that Contractor; and (2) Contractors are provided a network to advertise their qualifications and services, respond to inquiries about their services, submit proposals and quotes on Projects, or get interviewed for potential jobs.   By agreeing to the Terms of Service set out herein and becoming a registered member you can take advantage of and benefit from the services and opportunities facilitated through youhirecontractor.com.

 

TERMS OF SERVICE

 

Article 1:  Applicability

1.1                Application.  The terms and conditions set out and incorporated by reference herein, including, without limitation, our Privacy Policy, all as amended from time to time, (collectively, the "Terms of Service") govern the relationship between Youhirethecontractor Inc. ("we", "us", "our", or, "YHTC Inc."), the owner and operator of the Site, and its members and other users of and visitors to the domain and sub-domains of Youhirethecontractor.com (the "Site").  By becoming a member of the Site or by visiting or using the services and information available on the Site (collectively, the "Services") you acknowledge and understand that you are entering into a legally binding agreement with YHTC Inc. with respect to your use of the Site and Services and you agree to abide by and be bound to the Terms of Service.  The Terms of Service are for the mutual benefit of YHTC Inc. and each member, user and visitor of the Site. 

 

1.2                Applicable Laws.  In addition to the Terms of Service, you must comply with all applicable municipal, provincial and federal laws, regulations and by-laws, and adhere to our policies and rules referred to herein or linked to the Site.

 

1.3          Privacy.   All memberships and use of the Site shall be subject to the Personal Information Protection and Electronic Documents Act (Canada), ("PIPEDA") as amended from time to time, and the Privacy Policy established by YHTC Inc. from time to time, a copy of which shall be posted on the Site.  PIPEDA and our Privacy Policy govern our treatment of personally identifiable information you submit to us.

 

Article 2:                Membership

2.1          Member Eligibility.  To be eligible to use the Services and the Site, you must: (a) be a legal subsisting entity or 18 years or older; (b) not be prohibited by law or YHTC Inc. or otherwise restricted from holding a membership account with us; (c) not be using the Site or the Services for reasons that are in competition with YHTC Inc. or interfere with the operation of the Site; (d) have full power and authority to enter into and accept the Terms of Service  and in doing so will not violate any other agreement to which you are a party; and (e) agree to provide at your cost all equipment, software, and internet connections necessary for your use of the Site and the Services. Each person is limited to one Customer membership account and one Contractor membership account at any given time. 

 

2.2                Membership Account.  To become a member and use the services available through the Site you must be eligible and register for a membership account with us. By registering a membership account with us, you agree to provide true, accurate and complete information at all times and to update such information to maintain its truth, accuracy and completeness.  You agree not to provide false information or create an account for anyone other than yourself or your business without the appropriate authorization. 

 

2.3                Passwords and Use of Account.  When you register a membership account with us, you will be asked to choose a username and password for your account. You must safeguard in confidentiality your username and password and you should not permit others to use your account. You acknowledge and understand that you are responsible for anything that happens through your membership account and that YHTC Inc. will deem any person using the Site with your username and password is you or is authorized by you to access the Site and its services through your account unless you can otherwise prove that your account and its security was compromised due to no fault of your own.  You agree and understand that your membership account and username may not be transferred or sold to another party and you covenant and agree to notify YHTC Inc. immediately if you suspect any unauthorized use of your account.  YHTC INC. DOES NOT HAVE ANY OBLIGATION TO VERIFY THE INDENTITY OF THE PERSONS ACTIVATING MEMBERSHIP ACCOUNTS OR SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, YHTC INC. DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

 

2.4                Contractor Account Sharing.  Under a Contractor's membership account you may choose to share your Contractor account within your organization, provided that all such users accessing the services of the Site through the Contractor's account (the "Contractor's Users") acknowledge and agree that they have read and understand the Terms of Service and agree to be bound by same.  Failure to comply, or failure to cause the Contractor's Users to comply, with the terms and conditions of the Terms of Service, shall, at the discretion of YHTC Inc., result in the suspension and/or termination of the Contractor's membership account.

 

2.5          Term of Membership.   Your membership commences upon the date your membership account is activated and continues until your membership account is terminated, as provided herein. 

 

Article 3:                Termination of Membership

3.1                Termination by the Member.  You can terminate your membership at any time and for any reason by deactivating your membership account. 

 

3.2                Termination by YHTC Inc..  YHTC Inc. reserves the right, in its sole discretion, to refuse, restrict, suspend, or terminate your membership account and/or the services and benefits being provided by the Site in the event: (a) YHTC Inc. provides you with notice of same; (b) you fail, or fail to cause your users, to comply with or observe, in whole or in part, the letter and/or spirit of the Terms of Service or the obligations herein contained, including, without limitation, your obligation to pay when due any of the membership fees or other amounts due and payable to YHTC Inc.; (c) you, or your users, misuse or abuse your membership account or the Services, including, without limitation, creating multiple or false accounts, using the Services commercially without YHTC Inc.'s authorization, infringing any intellectual property rights, interfering with the business of YHTC Inc., with the operation of the Site, or with other members' use and enjoyment of the Site and the Services, or you engage in any other act or conduct that YHTC Inc. considers to be a misuse or abuse of your membership account or the Services; or (c) YHTC Inc. is required by law to do so.  You shall be notified of the termination or suspension of your membership account by email or at the next time you attempt to access your account.

 

3.3          No Services Upon Termination.  Immediately upon the termination of your membership and deactivation of your account, you shall lose access to the Services.

 

Article 4:                Use of the Services

4.1                Submissions.   You acknowledge that your submission of any information, statements, data, pictures, and content to us or on or through the Site is voluntary and submitted at your risk of loss and that any submissions you share on or through the Site may be seen and used by others. We acknowledge that you own the information you submit on the Site and may request its deletion at any time, however, such deletion will not relate to information or content that you have shared with others which they have not deleted or information or content that was copied or stored by other users.  By submitting information, statements, data, pictures or content to us or on or through the Site: you represent and warrant that you are entitled to submit such information, statements, data, pictures or content  and that same is accurate and not in violation of any laws or contractual restrictions or other third party rights.  YHTC Inc. is not responsible for any other persons' misuse or misappropriation of any information, statements, data, pictures or content you submit on or through the Site and your account.

 

4.2                Prohibited Submissions and Use.  You shall not upload, post, email, transmit, submit or otherwise make available or initiate any information, statements, date, pictures or content that:

(a)  falsely states, impersonates or otherwise misrepresents your identity, including, without limitation, misrepresenting your current or previous positions or qualifications or your affiliations with a person or entity, past or present;

(b)  is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;

(c)  adds to a content field content that is not intended for such field;

(d)  includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;

(e)  infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights;

(f)  includes any unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of unauthorized solicitation;

(g)  contains software viruses, worms or any other computer codes, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of YHCT Inc., the Site or any user of the Site; or

(h) forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication transmitted through the Services.

 

4.3                Proprietary Information.    You agree not to use any copyrights or trademarks of YHTC Inc. or any other confusingly similar marks without the prior written authorization of YHTC Inc.

 

4.4                Connections.  You are solely responsible for your interactions with other users, visitors and members on or through the Site or your membership account.  YHTC Inc. may limit the number of connections you may have and may, in certain circumstances, prohibit you from contacting other users or members through the use of the Site, our Services or your account, or otherwise limit your use of the Site, our Services or your account.  YHTC Inc. reserves the right, but has no obligation, to monitor disputes between members and to restrict, suspend or terminate any membership account if YHTC Inc. determines, in its sole discretion, that doing so is necessary to enforce and maintain the letter and spirit of the Terms of Service and our policies and rules.

 

4.5                Directory.  The Site contains a directory of Contractors. The directory is populated with information from third party sources, from Contractors themselves and from other members. YHTC Inc. and the Site provide this directory as a convenience and cannot confirm or guarantee the accuracy and completeness of the information contained therein.

 

4.6                Services As Is.  Access to the Site and the Services is on an "As Is" and "As Available" basis and YHTC Inc. shall have no obligations with respect thereto, except as expressly stated herein.  We, in our sole discretion, may modify, replace, refuse access to, suspend, or discontinue all or any portion of the Site or the Services, or change prices for all or any part of the Services.  All such modifications, replacements or changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted.  YHTC Inc. further reserves the right to withhold, remove or discard any content available as part of your membership account, with or without notice to you, if YHTC Inc., in its sole discretion, deems such content to be contrary to the Terms of Service, to the purpose of the Site and the Services or against public policy.  YHTC INC. DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING.  IN PARTICULAR, THE OPERATION OF THE SITE AND SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES OR SYSTEM OR NETWOEK FAILURES. YHTC INC. DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, YHTC INC. DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS OR POOR USE CONDITIONS OF THE SITE OR NETWORK AND FOR ANY OTHER REASON.

 

4.7                Maintaining Content.  You acknowledge and understand that YHTC Inc. has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Site or Services.  YHTC Inc. is not responsible for and does not endorse any features, content, advertising, products or other materials, information, data, pictures or content on or made available from users, advertisers, or third party sites or links.

 

4.8                Complaints.  YHTC Inc. provides a process for submitting complaints concerning content posted by users or others' use of the Site.  To submit a complaint users can access their account and use the support ticket system to submit their complaint.

 

Article 5:                Liability and Indemnification

5.1                Limitation of Liability.  YHTC INC., OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR AGENTS ("YHTC AFFILICATES"), IN NO EVENT, SHALL BE LIABLE TO A MEMBER, USER OR A THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR INJURY, DAMAGE, LOSS, LOST PROFITS OR INABILITY TO ACCESS THE SITE), WHETHER IN CONTRACT OR IN TORT, WHETHER KNOWN, UNKNOWN OR FORESEEABLE, ARISING OUT OF OR IN CONNECTION TO THE USE OF THE SERVICES OR THE SITE OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE.

 

5.2                Disclaimer.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.  IF YOU ARE DISSATISFIED OR HARMED BY THE SITE OR THE SERVICES OR ANYTHING RELATED TO YHCT INC., YOU MAY TERMINATE YOUR ACCOUNT AND MEMBERSHIP IN ACCORDANCE WITH ARTICLE 3 HEREIN AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.  YHCT INC. IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR SUBMISSIONS OF ANY INFORMATION, STATEMENTS, DATA, PICTURES, OR CONTENT SENT THROUGH THE SITE TO ANY OTHER PERSON.  YHCT INC. DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES OR THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.  ANY MATERIAL, SERVICE OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE OR TECHNOLOGY TO US.

 

5.3                Indemnification.  YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY YHTC INC.  FROM AND AGAINST ANY AND ALL LOSSES, COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES AND COSTS), EXPENSES, DAMAGES OR OTHER LIABILITIES INCURRED BY YHTC INC. RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH ANY CLAIM, SUIT, CHARGE, PROCEEDING, INVESTIGATION, DEMAND OR ACTION, CAUSED BY OR RESULTING FROM (A) YOUR USE OF THE SITE OR SERVICES OR ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE SITE OR THE SERVICES; (B) YOUR FAILURE TO COMPLY WITH THE TERMS OF SERVICE OR THE POLICIES AND RULES ESTABLISHED BY YHTC INC. AND POSTED ON THE SITE; (C) YOUR SUBMISSION OF INFORMATION, STATEMENTS, DATA, PICTURES, CONTENT, OR PROJECTS; (D) YOUR ACCEPTANCE OF OFFERS FROM OTHER MEMBERS OR USERS; (E) ANY BREACH OF CONTRACT OR OTHER CLAIMS RESULTING FROM YOUR DEALINGS WITH OTHER MEMBERS OR USERS ON OR THROUGH THE SITE OR THE SERVICES; (F) THE TAX TREATMENT OF PAYMENTS OR ANY PORTION THEREOF; AND/OR (G) ANY NEGLIGENT OR INTENTIONAL WRONGDOING BY ANY MEMBER OR USER.   ANY SUCH INDEMNIFICATION SHALL BE CONDITIONED ON OUR: (A) NOTIFYING YOU IN WRITING OF ANY SUCH CLAIM, DEMAND, ACTION, COST, LIABILITY, LOSS OR THREAT OF ANY THEREOF; (B) COOPERATING WITH YOU IN THE DEFENSE OR SETTLEMENT THEREOF; AND (C) ALLOWING YOU TO CONTROL SUCH DEFENSE OR SETTLEMENT. WE SHALL BE ENTITLED TO PARTICIPATE IN SUCH DEFENSE THROUGH OUR OWN COUNSEL AT OUR OWN COST AND EXPENSE.

 

5.4                Reporting Wrongdoing.  We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise. 

 

Article 6:                Relationship with YHTC Inc.

 

6.1          YHTC Inc. Not a Party to Projects.    YHTC Inc., and the Site, are not involved in the dealing and contracting between Customers and Contractors.  All agreements made between users and members with respect to the completion and payment of Projects are between the Customer(s) and the Contractor(s) entering into such agreement.  YHTC Inc.  has no control over and does not guarantee (a) the quality, safety or legality of the services or quotes advertised, offered or provided by the Contractors, (b) the truth or accuracy of listings, qualifications, backgrounds, or abilities of its members or users, (c) the ability of Contractors to deliver services, (d) the ability of Customers to pay for services provided by Contractors, or (e) that a Customer or Contractor can or will complete a transaction or adhere to the agreement entered into. It is suggested that Customers and Contractors confirm, by way of written agreements between one another, the terms and provisions for the completion and payment of the Projects that they become involved with as a result of their use of the Site and/or our services. By registering as a Member, you acknowledge and agree that whenever you use our Site and services to locate, choose, or connect with other members of the Site to receive or deliver services pertaining to Projects submitted on the Site, YHTC Inc. is not a party to any contract or agreement for the provision and payment of such Projects.  Each Customer and Contractor must look solely to the other contracting party for the enforcement and performance of all the rights and obligations arising from the Projects they engage in.

 

6.2          No Partnership, etc.  You acknowledge and agree that YHTC Inc. is independent from the Customers, Contractors, members and users of the Site and that your use of the Site or our services does not create nor constitute a partnership, agency, employment relationship or joint venture between YHTC Inc. and its Customers, Contractors, members or users.

 

Article 7:                Miscellaneous

7.1                Providing Services.  If you wish to provide Services through the Site please contact our sales team at info@youhirethecontractor.com as further terms and conditions may apply to your membership, account or use of the Site.

 

7.2                Assignment.  You may not transfer or assign or delegate any of your membership rights or obligations under the Terms of Service, and any purported transfer, assignment or delegation shall be ineffective, without the prior written consent of YHTC Inc..  YHTC Inc. shall be permitted, at its sole discretion, to assign, transfer or delegate all or any part of its rights and obligations hereunder without notice to you, and we may substitute, by way of unilateral novation, effective upon notice to you, YHTC Inc. for any third party that assumes our rights and obligations under the Terms of Service, in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

7.3                Interpretation.  The division of the Terms of Service into articles and sections and the insertion of headings or definitions are for reference purposes only and shall not affect the interpretation of the Terms of Service.   

 

7.4                Amendments.  YHTC Inc. reserves the right to modify, update or revise the Terms of Service, together with all information and documents associated therewith or linked thereto, at any time and from time to time, in its sole discretion, by posting the revised version of the Terms of Service on the Site.   Unless otherwise provided in the revised version of the Terms of Service, any modifications, updates or revisions shall take effect at the time they are posted and shall supersede all prior versions.  It is strongly recommended that you consult the Terms of Service, and all information and documents associated therewith or linked thereto, on a regular basis to be kept informed of any modifications, updates or revisions to the Terms of Service.  If you do not agree or accept any amendments to the Terms of Services you may terminate your membership.  Please do not hesitate to contact us to discuss the portion(s) of the revised Terms of Service that you object to so that we may review the objections.

 

7.5          Notice.  For the purposes of providing and serving notices, updates or messages about the Services, the Site or your rights and obligations in connection thereto, YHTC Inc. will email you, at the email address associated with your membership account, even if we have other contact information for you. You acknowledge and agree that YHTC Inc. may communicate with you through your membership account or through other means including email, mobile number, telephone, or delivery services about your account or the Services associated with YHTC Inc. or the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate and complete contact information, including, without limitation, your failure to receive important information about your account and the Services.

 

You may contact YHTC Inc. via email at: info@youhirethecontracto.com

Or via mail or courier at: youhirethecontractor.inc , P.O Box 10, Cottam , N0R1B0

Or by Telephone at: 519-839-5566

 

7.6                Governing Law.  The Terms of Service and agreements relating thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of such province and all courts competent to hear appeals there from.

 

7.7                Severability.  If any provision of the Terms of Service is deemed to be invalid, illegal or unenforceable by a court of competent jurisdiction, the invalid, illegal or unenforceable provision will be modified so as to tender it valid, legal or enforceable, as the case may be, to the extent possible in order to give effect to the intention of the provision and if the court or arbitrator of competent jurisdiction find the modified provision invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of the Terms of Service shall not be affected in any way and will remain in full force and effect.

 

7.8          No Waiver.   Our failure to act with respect to a breach hereof by you or others does not waive our right to act with respect to that breach or subsequent, similar or other breaches.  Except as expressly and specifically contemplated by the Terms of Service, no representations, statements, consents, waivers or other acts or omissions by any YHTC Inc. affiliate shall be deemed legally binding on YHTC Inc.  or its affiliates unless documented in a physical writing hand signed by a duly appointed officer of YHTC Inc..

 

7.9                Acknowledgment.  By registering a membership with YHTC Inc. you acknowledge and confirm that (a) you have read and understand the terms and conditions set out in the Terms of Service; and (b) such terms and conditions are fair and reasonable.

 

7.10                Customer Service. If you have any questions or suggestions please contact us at info@youhirethecontractor.com

 

Date of Last Revision- April 1, 2010

   
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