User Terms of Service
Updated as of: February 13, 2023
The https://www.CRM4Contractors.com website, and any other website on which these User Terms of Service appear, and any software, mobile applications, products, devices, or other services offered by CRM4Contractors.com and other services offered through third parties integrating CRM4Contractors.com functionality (collectively, “Offerings”), are made available by CRM4Contractors.com Technologies, Inc., its subsidiaries, and/or affiliates (CRM4Contractors.com, its subsidiaries, and affiliates are collectively, “we”, “us”, “our”, or “CRM4Contractors.com“). You may access and use the Offerings only under the following User Terms of Service, including any product-specific, supplemental or other terms referencing or linked to these User Terms of Service (“Special Terms”). These User Terms of Service and any applicable Special Terms are collectively the “Terms”. If there is any conflict between these User Terms of Service and the Special Terms, the Special Terms will control in relation to their subject matter.
These Terms apply to you and your use of the Offerings. By registering, accessing, or using the Offerings you agree to these Terms, CRM4Contractors.com’s Privacy Notice, CRM4Contractors.com’s Copyright Notice (posted below), and any other policies identified herein, which are incorporated by reference into these Terms. If you are using the Offerings on behalf of your employer or a legal entity, you represent and warrant that you are authorized to bind your employer or that entity to these Terms. In addition, these Terms apply to and are binding on anyone who is authorized by the employer or legal entity to access or use the Offerings. Except for Paid Offerings, if you wish to terminate these Terms at any time you can do so by closing your account and no longer accessing or using the Offerings.
If your use of a given Paid Offering (as defined below) is governed by a separate Subscription and Services Agreement, Master Services Agreement, or similar agreement entered into with CRM4Contractors.com, that agreement will control to the extent that there is any conflict with these Terms with respect to that given Paid Offering.
Using the Offerings
Eligibility
To use the Offerings, you agree that you: (1) must be at least 16 years old, or older if required by applicable law for CRM4Contractors.com to lawfully provide the Offerings to you without parental consent (including use of your Personal Data as defined in CRM4Contractors.com’s Data Processing Addendum); (2) will only have one registered account; (3) are not already restricted by CRM4Contractors.com from using the Offerings. Creating an account with false information is a violation of these Terms, including registering accounts on behalf of others.
Registration and Your Account
Certain Offerings require registration. For those Offerings, you must provide complete, accurate, and truthful information and update the registration information promptly if there are any changes. Registered users are responsible for: (1) maintaining the confidentiality of their login credentials, and (2) for all activitiesusage and activity that occur under their account including use or activity by any third party they authorize or invite to access, use or connect to their account; and (3) all statements made or materials posted under their account, including liability for harm caused by such statements or materials. You may not assign or transfer your account to any other person or entity without CRM4Contractors.com’s prior written permission. You agree that CRM4Contractors.com is not responsible for third-party access to your account that results from the theft or misappropriation of your login credentials.
Paid Offerings
If there is a fee to use an Offering (a “Paid Offering”), the fee will be disclosed prior to registration and charged as outlined in an applicable order form. Paid Offerings are subject to a separate agreement with CRM4Contractors.com.
Notices and Messaging
You understand that by registering with the Offerings, you may receive regular updates, marketing, and other communications regarding new or existing CRM4Contractors.com products and services. You agree that CRM4Contractors.com will provide notices and messages to you in the following ways: (1) within the Offerings, or (2) sent to the contact information you provide us (e.g., email, mobile number, physical address). You may opt out of receiving promotional or marketing communications from us at any time by using the unsubscribe link in the email communications we send or by filling out this Marketing Opt-Out Form.
Linking to the Offerings
You may provide links to the Offerings, provided: (1) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms, or any notices on the Offerings, and (2) you discontinue providing links to the Offerings if requested by CRM4Contractors.com.
Licenses and Restrictions
Limited License
As an Offering user, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Offerings per these Terms. CRM4Contractors.com may terminate this license at any time for any reason. Certain Offerings require login information as described below. Notwithstanding the license in this section, certain Offerings require you to register to access and use certain of the Offerings’ features.
Limitations
Any unauthorized use of the Offerings is prohibited. You may not use the Offerings to:
- Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of the Offerings or any information obtained from the Offerings, either directly or through a third party.
- Extract, decompile, reverse engineer, disassemble, or create derivative works from or competitive products of the Offerings.
- Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account;
- Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);
- Determine the Offerings’ architecture or extract data or information about usage, or individual identities of other users of the Offerings via use of any network monitoring or discovery software or otherwise.
- Override any security feature or bypass or circumvent any access controls or use limits of the Offerings;
- Rent, lease, loan, trade, sell/resell, or otherwise monetize the Offerings or related data or access to the same, without CRM4Contractors.com’s consent;
- Monitor, copy, scan, review, index, mirror, ping, or validate the Offerings via robot, spider, other automatic software or device, process, approach, or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation, or verification are prohibited).
- Transmit any computer virus, worm, defect, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code.
- Transmit any false, misleading, fraudulent, or illegal communications, information, or data.
- Phish, spoof, commit illegal or fraudulent activity, or violate applicable laws or regulations.
- Deep-link to our Offerings for any purpose other than to promote your profile on the Offerings, without CRM4Contractors.com’s consent;
- Use bots or other automated methods to access the Offerings, add or download contacts, or send or redirect messages;
- Monitor the Offerings’ availability, performance, or functionality for any competitive purpose;
- Damage, interfere, disable, or impair the operation of, or place an unreasonable load on, the Offerings (e.g., spam, denial of service attack, viruses, gaming algorithms);
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
- Violate CRM4Contractors.com’s intellectual property or other rights, including using the word “CRM4Contractors.com” or its logos in any business name, email, or URL except as provided in the Trademark Use Guidelines;
- Imply or state that you are affiliated with or endorsed by CRM4Contractors.com without CRM4Contractors.com’s express consent;
- Access unauthorized information;
- Solicit information from minors or harm or threaten to harm minors;
- Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person, or organization, or engage in any other threatening behavior;
- Transmit, store, or post any material that is abusive, harassing, tortious, defamatory, derogatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not; or
- Export or re-export the Offerings or any portion thereof in violation of any applicable export control laws and regulations.
You acknowledge that we have the right to monitor your access or use of the Offerings for the purpose of operating and improving the Offerings (including without limitation for security analysis, fraud prevention, risk assessment, troubleshooting and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.
If CRM4Contractors.com believes, in its sole discretion, that you may violate, have violated or attempted to violate any of these Terms or any policies referenced herein, your use and access to the Offerings may be limited, temporarily revoked, or permanently revoked and your Content may be modified or removed from the Offerings in CRM4Contractors.com’s sole discretion without notice to you.
CRM4Contractors.com Intellectual Property Rights
Except as expressly provided in these Terms, nothing contained herein will be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights. You agree that the Offerings are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. CRM4Contractors.com, the CRM4Contractors.com logo, and all other CRM4Contractors.com trademarks, service marks, product names, and trade names of CRM4Contractors.com appearing on or in conjunction with the Offerings are owned by CRM4Contractors.com. CRM4Contractors.com does not grant you the right to use or display any trademark, service mark, product name, trade name, or logo appearing on the Offerings without CRM4Contractors.com’s prior written consent.
License of Your Content to CRM4Contractors.com
Certain portions of the Offerings allow you to publish (e.g., post, upload, or otherwise provide) publicly accessible content (“Public Content”). Other portions of the Offerings allow you to publish content that is only viewable by you or by your users with appropriate access permissions (“Non-Public Content”). Public Content and Non-Public Content are collectively your “Content” that you own or have the right to provide (and share) and you grant CRM4Contractors.com the licenses set forth below.
Non-Public Content
With respect to Non-Public Content, you hereby grant (or warrant that the owner of such rights has expressly granted) CRM4Contractors.com and its subprocessors a worldwide right and license to access, host, display, process, analyze, transmit, reproduce, and otherwise utilize Non-Public Content for the purposes of providing and improving the Offerings.
Public Content
With respect to Public Content, you hereby irrevocably grant (or warrant that the owner of such rights has expressly granted) CRM4Contractors.com a worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use the Public Content for any lawful purpose without any further consent, notice, or compensation to you or others. CRM4Contractors.com will own any derivative works it makes of Public Content.
CRM4CONTRACTORS.COM MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY PUBLIC CONTENT TRANSMITTED TO OR FROM THE OFFERINGS. You acknowledge that any Public Content you post via the Offerings is a public and not private communication. Others may read and view your communications without your knowledge. CRM4Contractors.com does not endorse any Public Content on the Offerings. CRM4Contractors.com will not be liable for the privacy of any of your or any other third-party Public Content on the Offerings and specifically disclaims any liability resulting from such postings and communications, including any objectionable content. Please also see CRM4Contractors.com’s Privacy Notice. You agree that we may access, store, process, share, and use any information and Personal Data you provide in accordance with the Privacy Notice.
Usage Data
CRM4Contractors.com may collect, use, share, and otherwise process usage information or data related to or derived from the access or use of the Offerings including Non-Public Content and Public Content(“Usage Data”). Examples of Usage Data include information or data on user visits, user activity, and numbers and types of clicks or impressions, as well as statistical, functional, behavioral, or other information or data based on or derived from such access or use. Except where you have expressly provided your written consent, CRM4Contractors.com will only disclose Usage Data if such data does not contain Personal Data or any Non-Public Content.
Feedback and Suggestions
By submitting suggestions or other feedback regarding the Offerings to CRM4Contractors.com, you agree that CRM4Contractors.com can use and publicly share such feedback (although it does not have to) for any purpose without compensation or attribution to you. You agree that you will have no recourse against CRM4Contractors.com for any alleged or actual infringement or misappropriation of any proprietary right in any feedback or suggestion you provide to CRM4Contractors.com.
Advertising
CRM4Contractors.com has the right, without payment to you or others, to serve ads, paid content, and other information near or in association with your Content and information, and we enable search engines to make Public Content findable through their services.
Relationship of CRM4Contractors.com and You
You are an independent third party to CRM4Contractors.com and nothing in these Terms will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and CRM4Contractors.com.
Errors and Corrections
CRM4Contractors.com does not represent or warrant that the Offerings will be error-free, free of viruses or other harmful components, that defects will be corrected, or that they will always be accessible. CRM4Contractors.com does not warrant or represent that content or information available on or through the Offerings will be correct, accurate, timely, or otherwise reliable.
Except as separately agreed with you in writing, CRM4Contractors.com may: (1) change, suspend or discontinue any of our Offerings; and/or (2) modify the prices of Paid Offerings effective prospectively upon reasonable notice to the extent allowed under the law. Except as required by law, CRM4Contractors.com has no obligation to retain or provide you with copies of your Content.
Third-Party Content and Links
The Offerings may host third-party content or information (“Third-Party Content”) or may include links to other websites or applications (“Third-Party Services”). CRM4Contractors.com does not control or endorse any Third-Party Content or Third-Party Service. Further, information and opinions provided by CRM4Contractors.com employees and agents of CRM4Contractors.com in interactive areas of the Offerings are not necessarily endorsed by CRM4Contractors.com and do not necessarily represent the beliefs and opinions of CRM4Contractors.com. You agree that CRM4Contractors.com is not responsible for the availability, accuracy, or content of any Third-Party Content or Third-Party Service. Your use of and reliance on any Third-Party Content or Third-Party Service is at your own risk. Some of the services made available through the Offerings and Third-Party Services may be subject to additional third-party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third-party terms. CRM4Contractors.com is not responsible for, and makes no representations or warranties about (a) any Third-Party Content or Third-Party Services or your use thereof, or (b) any third-party terms or your compliance with them. CRM4Contractors.com reserves the right to disable any link or remove any Third-Party Content and/or Third-Party Service at any time in its sole discretion.
Third-Party Content includes Google Maps, which is made available through some of the Offerings and is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.
CRM4Contractors.com may help connect registered users offering their services with users seeking services. CRM4Contractors.com does not perform or employ individuals to perform these services. You must be at least 18 years of age to offer, perform, or procure these services. You acknowledge that CRM4Contractors.com does not supervise, direct, control, or monitor users in the performance of these services and agree that: (1) CRM4Contractors.com is not responsible for the offering, performance, or procurement of these services, (2) CRM4Contractors.com does not endorse any particular user’s offered services, and (3) nothing will create an employment, agency, or joint venture relationship between CRM4Contractors.com and any user offering services.
Disclaimer
THE OFFERINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. CRM4CONTRACTORS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CRM4CONTRACTORS.COM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO: (1) ANY ERRORS IN OR OMISSIONS FROM THE OFFERINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (2) THIRD-PARTY COMMUNICATIONS, (3) ANY THIRD-PARTY SERVICES, WEBSITES, OR THIRD-PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM, (4) THE UNAVAILABILITY OF THE OFFERINGS, (5) YOUR USE OF THE OFFERINGS, OR (6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE OFFERINGS.
Limitation of Liability
TO THE FULLEST EXTENT OF THE LAW (AND UNLESS CRM4CONTRACTORS.COM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS), CRM4CONTRACTORS.COM WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE OFFERINGS, ANY FACTS, CONTENT, OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICE. CRM4CONTRACTORS.COM WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR REPUTATIONAL DAMAGES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS) OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THESE TERMS, THE USE OF OR INABILITY TO USE THE OFFERINGS, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY CONTENT OR THIRD PARTY SERVICES.
Indemnification
You agree to indemnify, defend, and hold CRM4Contractors.com, and its affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to: (1) your access to or use of the Offerings, including your Content, (2) your violation of these Terms, (3) your breach of your representations and warranties provided under these Terms, (4) your products or services, or the marketing or provision thereof to end users, or (5) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. CRM4Contractors.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of CRM4Contractors.com.
Governing Law
These Terms are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. Subject to the Dispute Resolution section below, Excluded Disputes and Disputes (defined below) that cannot be arbitrated must be brought exclusively in the state and federal courts sitting in Los Angeles County, California.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Negotiations. The parties will first attempt in good faith to promptly resolve any disputes arising out of or relating to these Terms (or the breach, termination, enforcement, interpretation, or validity thereof) (each a “Dispute”) by negotiation between representatives of each party with the authority to resolve such Dispute informally for at least thirty (30) days before initiating any arbitration. Informal negotiations begin upon written notice from one party to the other. You will send notice to CRM4Contractors.com Technologies, Inc., 6309 Carpinteria Ave., Carpinteria, CA 93013 USA, Attention: Chief Legal Officer. CRM4Contractors.com will send notice to you at your address in our records or by email to the email address provided by you in connection with your use of the Offerings.
Binding Arbitration. If the parties are unsuccessful in resolving the Dispute through informal negotiations, such Dispute will be submitted to final and binding arbitration. Arbitration will be conducted in English and administered as follows: (i) if in the U.S., by the American Arbitration Association (AAA) under its rules or (ii) if outside the U.S., by the International Centre for Dispute Resolution (ICDR) in accordance with the International Arbitration Rules then in effect. For more information, see www.adr.org. Except as required by law, neither party nor its representatives may disclose the existence, content, or results of any arbitration without the other party’s prior written consent.
The arbitrator is not empowered to award damages in excess of compensatory damages and each party hereby irrevocably waives any right to recover such damages with respect to any Dispute resolved by arbitration. The decision of the arbitrator will be in accordance with these Terms and will be binding upon the parties. Each party hereby waives any right it may otherwise have under the laws of any jurisdiction to any form of appeal. Judgment upon the award rendered may be entered in and enforced by any court of competent jurisdiction having jurisdiction over both parties. The arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity. These Terms govern if there is a conflict with the AAA or the ICDR rules as applicable
Excluded Disputes. Notwithstanding the foregoing, neither party is required to arbitrate claims: (1) where all named parties seek monetary relief which, in the aggregate, qualifies as a claim that meets the requirements of an applicable small claims court; (2) seeking injunctive relief; or (3) seeking to enforce or protect, or concerning the validity of, any of your or CRM4Contractors.com’s intellectual property rights. However, if a small claim is transferred, removed, or appealed to a different court, either party may require that the claim be submitted to final binding arbitration.
Restrictions/No Class Actions. THE PARTIES AGREE THAT ANY CLAIM BROUGHT IN CONNECTION WITH A DISPUTE, WHETHER RESOLVED THROUGH ARBITRATION OR OTHERWISE, WILL TAKE PLACE ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, AND THE RIGHT TO A TRIAL BY JURY. UNLESS BOTH YOU AND CRM4CONTRACTORS.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Severability. If the Restrictions/No Class Actions section is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in a court of competent jurisdiction, with the balance resolved through arbitration.
If any provision of this Dispute Resolution section is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions will still apply and shall be interpreted to as nearly as possible achieve the original intent, inclusive of the severed provision.
Survival. This Dispute Resolution section will survive any termination of these Terms or your use of the Offerings.
Termination
You or CRM4Contractors.com may terminate these Terms at any time with notice to the other. On termination, you lose the right to access or use the Offerings. The following will survive termination: Registration and Your Account, License of your Content to CRM4Contractors.com, Feedback and Suggestions, Use Limitation, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and the General sections of these Terms, and any other terms that would naturally survive by their nature. Any amounts owed by either party prior to termination remain owed after termination. CRM4Contractors.com will have no liability or responsibility to any user related to or arising out of any termination of access to the Offerings.
General
These Terms incorporate by reference any notices contained on this website, the Privacy Notice, the Copyright Notice, and any other referenced policies, and constitute the entire agreement with respect to access to and use of the Offerings (unless you and CRM4Contractors.com have entered a separate agreement that explicitly overrides these Terms). If there is conflict among the terms of the foregoing notice or policies, these Terms prevail. If any provision of these Terms is unlawful, void, or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability. If CRM4Contractors.com does not act to enforce a breach of these Terms, that does not mean CRM4Contractors.com has waived its right to enforce these Terms. You may not assign or transfer these Terms or any of your rights or obligations (or your membership or use of Offerings) to anyone without CRM4Contractors.com’s consent. CRM4Contractors.com may assign these Terms to its affiliates or a party that buys CRM4Contractors.com without your consent. There are no third-party beneficiaries to these Terms.
Privacy
Your use of the Offerings is subject to these Terms and CRM4Contractors.com’s Privacy Notice.
Translations
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with CRM4Contractors.com, and any inconsistencies among the different versions will be resolved in favor of the English version.
Modifications to Terms
CRM4Contractors.com may, in its sole discretion, modify or revise these Terms, including without limitation CRM4Contractors.com’s Privacy Notice and any referenced policies, at any time by posting the amended terms on the Offerings or otherwise linking to them in the Offerings. CRM4Contractors.com additionally may either: (1) notify you via the contact information associated with your account if you have registered with the Offerings (you must ensure that CRM4Contractors.com’s email is not filtered from your Inbox by your ISP or email software), or (2) post the date of the update on the Terms, Privacy Notice, or other applicable policies. You agree that your use of the Offerings after the date on which the Terms changed will constitute your acceptance of the updated Terms, and that you agree to be bound by such modifications or revisions.
Copyright Notice
Reporting Claims of Copyright Infringement
CRM4Contractors.com takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Offerings infringe your copyright, you may request removal of those materials (or access to them) from the Offerings by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature
- Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Offerings, a representative list of such works
- Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material
- Adequate information to allow us to contact you (including your name, postal address, telephone number, and, if available, email address)
- A statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the written notice is accurate
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
DMCA Notices may be sent to our designated Copyright Agent at:
Copyright Agent
CRM4Contractors.com Technologies, Inc.
6309 Carpinteria Avenue
Carpinteria, CA 93013 USA
dmca@CRM4Contractors.com.com
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Offerings is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is CRM4Contractors.com’s policy to respond to notices of alleged copyright infringement that comply with DMCA per this Copyright Notice. Your acceptance of these Terms is also your consent to the copyright practices described in this Copyright Notice. CRM4Contractors.com may terminate any user’s access to the Offerings if CRM4Contractors.com determines that a user is a repeat infringer.
Counter-Notice
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good-faith belief that removal or disablement of the material was a mistake or that the material was misidentified; and
- Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (1) in the judicial district where your address is located if the address is in the United States, or (2) located in the Central District of California (Los Angeles County) if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or their authorized agent.
Please submit your Counter-Notice to CRM4Contractors.com’s Copyright Agent at the address specified above.
Repeat Infringers
In appropriate circumstances, CRM4Contractors.com will disable and/or terminate the accounts of users who are repeat infringers.
Insurance Special Terms
As part of and including in its Offerings, CRM4Contractors.com offers insurance-related products and services (including both insurance and surety products) through its appropriately licensed and authorized subsidiary, CRM4Contractors.com Insurance Services, Inc. (“Insurance Offerings”). In addition to the User Terms of Services, your use of any Insurance Offerings and use of or access to the https://www.CRM4Contractors.com.com/insurance website and any other website on which the User Terms of Service and these Insurance Special Terms appear is governed by these Insurance Special Terms.
Insurance Offerings
With respect to the Insurance Offerings, any modeling, analytics, or projections are subject to inherent uncertainty, and the CRM4Contractors.com analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change. CRM4Contractors.com makes no representation or warranty concerning the application of insurance contract wording or the financial condition or solvency of insurers or reinsurers. CRM4Contractors.com makes no assurances regarding the availability, cost, or terms of insurance coverage. Although CRM4Contractors.com may provide advice and recommendations, all decisions regarding the amount, type or terms of coverage are the ultimate responsibility of the insurance purchaser, who must decide on the specific coverage that is appropriate to its particular circumstances and financial position. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or members of CRM4Contractors.com as a result of using different assumptions and criteria. CRM4Contractors.com is not under any obligation to update or keep current the information about products, services and solutions contained on CRM4Contractors.com websites.
As part of our Insurance Offerings, CRM4Contractors.com Risk Advisors, (producing insurance contracts under the name CRM4Contractors.com Insurance Services, Inc.) provides certain insurance producing, risk management, underwriting management, and other consulting services, pursuant to which it may receive remuneration as commissions or fees paid by an insurer; fees paid by a client in lieu of, or in addition to, commissions; and investment income on premiums, claim payments and return premiums temporarily held as fiduciary funds, in certain circumstances.
If you have any questions regarding the nature or amount of the compensation paid to CRM4Contractors.com Insurance Services, Inc. with respect to our Insurance Offerings on your account, we encourage you to contact us.
In addition, as part of our Insurance Offerings, CRM4Contractors.com has committed to provide, upon request, detailed year-end summary information to our clients on compensation we receive from insurers or other third parties in connection with the placement, renewal, consultation on or servicing of that respective client’s insurance contracts.
Services and Content
Insurance Offerings may not be available in all countries or U.S. states. For further details about our licenses, please refer to our Licensing page.
CRM4Contractors.com makes no guarantee, representation or warranty that all Insurance Offerings described on CRM4Contractors.com websites are appropriate or available for use in your country or state. Some Insurance Offerings may not be available in all countries or U.S. states where CRM4Contractors.com has business activities. Furthermore, some Insurance Offerings may only be available to certain categories of persons or corporate entities. Therefore, please read carefully the relevant description on the respective CRM4Contractors.com websites about the Insurance Offerings or request further information about the relevant Insurance Offering.
Content available on the CRM4Contractors.com websites or Insurance Offerings have no regard to the specific objectives, financial situation or particular needs of any specific recipient. CRM4Contractors.com makes no guarantee, representation, or warranty that any Insurance Offerings discussed or described on the CRM4Contractors.com websites are suitable for any individual or corporate recipient. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of content, nor is the content a complete statement of the Insurance Offerings, markets or developments referred to therein. Content should not be regarded by recipients as a substitute for the exercise of their judgment or as actuarial, tax, accounting, or legal advice. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance producers and risk consultants and are not to be relied upon as actuarial, tax, accounting, or legal advice, for which you should consult your own professional advisors.
Except as separately agreed with you in writing, CRM4Contractors.com may: (1) change, suspend or discontinue any of our Insurance Offerings; and/or (2) modify the prices of Paid Offerings (inclusive of Insurance Offerings), effective prospectively upon reasonable notice to the extent allowed under the law. Except as required by law, CRM4Contractors.com has no obligation to retain or provide you with copies of your Content.
Collection, Transfer, & Use of Data
In addition to any other acknowledgment or agreement made with respect the sharing of your Content, you further acknowledge and agree that CRM4Contractors.com is authorized to share your Content and information you submit to CRM4Contractors.com with its subsidiaries, affiliates, services providers, and business partners (including but not limited to insurance carriers) for the purposes of providing the Insurance Offerings and for CRM4Contractors.com’s internal purposes to improve the products and services offered to you.
While providing the Insurance Offerings to you, CRM4Contractors.com may also collect information about you in several ways, including from you directly, automatically when you engage with the Insurance Offerings, or through third parties.
For the avoidance of doubt, CRM4Contractors.com is not responsible for using any of your Content and any other information you submit to CRM4Contractors.com to independently verify information provided by you in connection with the placement or ongoing monitoring of any insurance and/or surety product or service and nothing in the foregoing relieves you of your obligations to provide comprehensive and truthful information to CRM4Contractors.com and the applicable insurance carriers.