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Terms of Service

Last Updated: 19 June 2014

Thank you for using Contractorsyoucantrust.com ("CYCT", "we" or "us")! CYCT provides an Internet platform (the "CYCT Platform") that enables you to create, join or browse Contractor Members Page(s) (as defined below) built on the CYCT Platform. We also provide a set of services that will enhance your experience as a Contractor Member on the CYCT Platform.



These Terms of Service contain general terms that apply to you as a user of the CYCT Platform, along with additional terms that may apply to you as a Contractor Member (as defined below) if you qualify and create your own Contractor Member Page(s). When using the CYCT Platform, you will also be subject to the CYCT Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the CYCT Platform, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference. We strongly recommend that, as you read these Terms of Service, you also access and read the linked information.



These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of the CYCT Platform and is a legal contract between you and CYCT based on your continuous qualification, and annual renewal.

 By qualifying and registering with us or using or browsing the CYCT Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the CYCT Platform at any time. 

The CYCT Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the CYCT Platform. Any person who provides their personal information through the CYCT Platform represents to us that they are 13 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Contractor Member Page(s) on the CYCT Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.



Quick Reference:

1. Definitions   
2. Premium Services and Payment
3. Your Content and Licenses to Your Content
4. Licenses From Contractorsyoucantrust.com   
5. Independent Development; Feedback  
6. CYCT Trademarks and Legal Notices   
7. CYCT Ownership Rights   
8. Support and Interaction for CYCT Contractor Members   
9. Advertising and Promotion for CYCT Contractor Members   
10. Third Party Content and Hyperlinks to Third Party Sites   
11. Representations and Warranties
12. Acceptable Use and Conduct   
13. CYCT Platform Policies   
14. CYCT’s Relationship with Users   
15. Copyright Infringement/Digital Millennium Copyright Act Compliance  
16. Contractor Member Data   
17. Your Contractor Member Page(s)   
18. Your Contractor Membership Account   
19. Disclaimer of Warranties   
20. Indemnity   
21. Your Interactions with Other Users   
22. Limitation of Liability   
23. Changes to CYCT Platform   
24. Amendments 
25. Term and Termination
26. Governing Law; Venue   
27. Relationship of the Parties   
28. No Third Party Beneficiaries
29. General
30. Contacting Contractorsyoucantrust.com

1. Definitions

"Content" means (i) any work of authorship including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Social Network or CYCT. "Your Content" is any Content that you submit to a Social Network or CYCT, as a CYCT User (all as defined below). If you are a CYCT Contractor Member, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Members of Your Social Network(s) make available).

"Contractorsyoucantrust.com Contractor Members,” also known as “CYCT Contractor Members” are Users who complete a registration and qualification process with Contractorsyoucantrust.com and obtain a “CYCT ID.”

"Premium Services" are services provided by Contractorsyoucantrust.com to CYCT Contractor Members for a fee.

"Users" are all end-users of Contractorsyoucantrust.com, and include you, registered guests, any unregistered visitors, all CYCT Contractor Members, Proud Members, and Affiliate Members.

2. Premium Services and Payment

Premium Services
There are two primary ways that we support Contractorsyoucantrust.com: through Premium Services and advertising. As a CYCT Contractor Member, you can purchase one or more Premium Services from us. The categories and prices of our Premium Services are described here and are subject to change from time to time ("Premium Services Policies"). CYCT may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when CYCT posts the temporary promotional event or new service on Contractorsyoucantrust.com. Any changes to fees for Premium Services that are not temporary or promotional will be effective at your next renewal date after we provide you with notice by posting such changes on Contractorsyoucantrust.com. The changes shall only apply prospectively to the Premium Services you have purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Payment Generally
Except as may be set forth in applicable Premium Service Policies or Section 25 (Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Contractorsyoucantrust.com within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Contractorsyoucantrust.com.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Contractorsyoucantrust.com may be shared by Contractorsyoucantrust.com with companies who work on Contractorsyoucantrust.com’s behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Contractorsyoucantrust.com and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Contractorsyoucantrust.com all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies.

If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Contractorsyoucantrust.com may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Contractorsyoucantrust.com reserves the right to either suspend or terminate your Premium Services or your account with Contractorsyoucantrust.com, including deletion of your Contractorsyoucantrust.com Membership from Contractorsyoucantrust.com. You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize Contractorsyoucantrust.com to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Contractorsyoucantrust.com. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process.

Today, we only offer recurring payments. You agree that Contractorsyoucantrust.com may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period. There are no refunds.

Taxes
You are responsible for paying any governmental taxes imposed on your use of Contractorsyoucantrust.com, including, but not limited to: sales, use, or value added taxes. If requested, you will promptly furnish to CYCT the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that CYCT is obligated to collect such taxes, the applicable tax will be added to your billing account.

3. Your Content and Licenses to Your Content

Contractorsyoucantrust.com does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Social Network needs to comply with the terms of this Agreement. At any point, you can take Your Content from CYCT and cancel your account and CYCT does not retain any license rights except as provided below.

You hereby grant CYCT, during the course of your usage of CYCT, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on CYCT and in all current and future media in which CYCT may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, CYCT reserves the right to retain copies of Content for archival purposes after termination of the Agreement.

 You hereby agree that if Your Content is removed from CYCT due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, CYCT shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of CYCT, any individual, or the general public.

 You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, CYCT does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you purchase the Premium Service to run your own advertising account on CYCT. 

Additionally, you understand and agree that Your Content that is displayed on CYCT may continue to appear on the CYCT, even after you have terminated your CYCT account or terminated these Terms of Service, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.



In addition to the rights, licenses and privileges referred to above, you agree that CYCT, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of CYCT, and any products, goods, features, capabilities and/or services associated with CYCT.



As a CYCT Contractor Member you acknowledge that CYCT and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through CYCT in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.



If a CYCT Contractor Member is removed from CYCT, the Content associated with that CYCT Contractor Member may also be deleted at the discretion of CYCT. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to CYCT. You should be aware that CYCT is not required and may not keep back-up copies of Content (including Your Content) on CYCT once the Content is deleted. Additionally, CYCT makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on CYCT and you should independently back-up Your Content.

4. Licenses From Contractorsyoucantrust.com
License to CYCT
During and subject to the terms and conditions of this Agreement, CYCT hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use CYCT solely to enable your use of the CYCT Contractor Member Services and CYCT Membership.
You agree that, as between you and CYCT, all the intellectual property rights in CYCT, which does not include Your Content, are owned by CYCT or its licensors.

License to Embeddable Widgets
During and subject to the terms and conditions of this Agreement, CYCT hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or removal of Your Social Network from CYCT by CYCT or you and you agree to immediately stop using such Embeddable Widget.

License Restrictions
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
* Run, rent, lease, loan, or sell access to CYCT or CYCT’s Technology.
* Decompile or reverse engineer or attempt to access the source code of the software underlying CYCT or CYCT Technology.
* Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any CYCT Technology.
* Access CYCT to build a product using similar ideas, features, functions, interface or graphics of the CYCT Platform.
* Access (or attempt to access) any service on CYCT by any means other than as permitted in these Terms of Service.
* Circumvent, disable or otherwise interfere with security related features of the Embeddable Widget or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Embeddable Widget or the Content and Third Party Content therein.
* Access CYCT to upload Your Code or Your Content to cause a breach of security to CYCT or interfere with the proper working of CYCT or prevent others from using CYCT.
* Delete the copyright and other proprietary rights notices on CYCT or Embeddable Widgets.

5. Independent Development; Feedback

You agree that CYCT may be independently developing software, content and other products or services that may be similar to Your Content and nothing in the Agreement will be construed as restricting or preventing CYCT from creating or fully exploiting such software, content and other items, without any obligation to you.

You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Content or CYCT, including, on the CYCT blog. If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant CYCT a nonexclusive, perpetual, irrevocable, transferable, sub-licensable, royalty free, fully paid up license to use and otherwise exploit Feedback.

6. CYCT Trademarks and Legal Notices

Contractorsyoucantrust.com trademarks, logos, images, service marks, trade names and other distinctive branding features used on CYCT "CYCT Marks" are the trademarks of CYCT and may not be used without permission. CYCT is not granting you a license under any intellectual property right to the CYCT Marks. Other trademarks, logos, and trade names that may appear on CYCT are the property of their respective owners.

If you are a CYCT Contractor Member, CYCT reserves the right to include within Your Social Network applicable CYCT copyright and trademark notices for CYCT and links to CYCT Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by CYCT.

7. CYCT Ownership Rights

You agree that, as between you and CYCT, CYCT owns all right, title and interest, including, all intellectual property rights, in and to CYCT. Additionally, there are two types of data provided by or collected from Contractor Members – Contractor Member Data and CYCT Member Data. If you are a CYCT Contractor Member or an administrator designated by a CYCT Contractor Member ("Administrator"), you agree that, as between CYCT and you, CYCT owns all right, title and interest, including, all intellectual property rights, in and to the CYCT Contractor Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to CYCT. You agree to abide by all copyright notices, information, or restrictions contained in any part of CYCT. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on CYCT, including notices on any CYCT Technology you download, transmit, display, print or reproduce from or using CYCT.

8. Support and Interaction for CYCT Contractor Members

If you are a CYCT Contractor Member, CYCT provides documentation to assist you in creating and enhancing Your Social Network(s). You are responsible for implementing and maintaining all support for Your Social Network(s), including answering questions from Your Network Members.

9. Advertising and Promotion for CYCT Contractor Members

We have the exclusive right to sell, run and/or serve third-party advertising on your CYCT Contractor Membership page(s), both public and private. If you are a CYCT Contractor Member, you agree not to include any advertising for anything other than Your Company, or Your Name, including ads served via an ad-server service like Google AdSense, in any form, through any of Your Content you provide on CYCT. If you pay the Premium Service fees to run your own ads, however, you may include third-party advertisements or sponsorships if approved by CYCT. If you run your own ads, CYCT will have the option, which we may exercise on notice to you, to offer and display, in partnership with you, all or some of such advertisements on Your Social Network. CYCT may establish general policies and guidelines surrounding the running of your own ads ("Advertising Policies"). Any such Advertising Policies are part of this Agreement and are subject to change from time to time.

YOU AGREE THAT CYCT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR MEMBERSHIP PAGE(S) OR ANY PAGE ON CONTRACTORSYOUCANTRUST.COM.

If you are a CYCT Contractor Member, CYCT reserves the right to include promotional links on Your Member Page(s) and Your Company Internet Site(s) at no cost to CYCT, unless you pay the applicable Premium Service fees to remove promotional links. Removal of promotional links does not include removal of required CYCT legal notices and links to CYCT Terms of Service, Privacy Policy and Guidelines.

10. Third Party Content and Hyperlinks to Third Party Sites

Content from other Members or advertisers, including, information about third party products and services and any Third Party Applications, is made available to you through Social Networks ("Third Party Content") on CYCT. The inclusion of Third Party Content on CYCT does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and CYCT has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, CYCT or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Social Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using CYCT you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use CYCT at your own risk.

Additionally, CYCT or third parties may provide hyperlinks on Social Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into CYCT and the inclusion of any link on a Social Network does not imply CYCT’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. CYCT expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through CYCT. 

ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

11. Representations and Warranties

You hereby represent and warrant to CYCT that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of CYCT including your promotional or other activities off CYCT that relate to Your Social Network; (b) you have the right to grant to CYCT the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content; (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content or Your Social Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with CYCT, or intercept or expropriate any system data or personal information from CYCT.

12. Acceptable Use and Conduct

You are solely responsible for your conduct and Your Content on CYCT. We want to keep the Membership on CYCT safe and fun for everyone and the use of CYCT for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that:

You will not post, email or make available any Content to Users or use CYCT:
* In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
* in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* to engage in spamming, "chain letters," "pyramid schemes," advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off CYCT in connection with the CYCT Contractor Membership;
* in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
* in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
* in a manner that is harmful to minors in any way;
* in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by CYCT;
* to impersonate a CYCT employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to CYCT without authorization;
* to interfere or attempt to interfere with the proper working of CYCT or prevent others from using CYCT, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to CYCT, or that otherwise negatively affects other persons' ability to use CYCT;
* to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any CYCT Administrator, Advertiser, or CYCT Contractor Membership account or to monitor or copy CYCT (including the Network Code or Platform Code) or the content contained therein;
* to facilitate the unlawful distribution of copyrighted content;
* in a manner that includes personal or identifying information about another person without that person's explicit consent;
* in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through CYCT or to Users; and
* in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:
* "Stalk" or otherwise harass anyone;
* Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
* Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of CYCT, including passwords from a CYCT Contractor Member Administrator, or to proxy authentication credentials for any Member of CYCT for the purposes of automating logins to CYCT;
* Use any profanity or the description or name of any illegal activity in the name of Your Social Network or the CYCT Subdomain (as defined below) for Your Social Network;
* Use the name "CYCT" or “Contractorsyoucantrust” as any part of the name of Your Social Network or the Network Subdomain for Your Social Network;
* Post any Content containing child pornography to any Social Network. CYCT absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any CYCT Member Data, to law enforcement, including the National Center for Missing and Exploited Children;
* Post any Content that CYCT determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
* Post any Content that CYCT determines constitutes pornography or is adult in nature. CYCT’s current policy on what is considered adult is located here and is subject to change.
* Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and CYCT - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
* Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on CYCT's infrastructure;
* Attempt to gain unauthorized access to CYCT's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, CYCT;
* Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of CYCT or for using it for purposes unrelated to CYCT); and
* Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of CYCT.
You agree not to authorize or encourage any third party to use CYCT or any of Your Social Networks (and Your Social Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify CYCT in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

13. CYCT Platform Policies

CYCT may establish general polices and limits concerning use of the CYCT Platform ("CYCT Platform Policies"), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you, the maximum number of times and duration for which you may access the CYCT Platform in a given period of time, the maximum bandwidth used by Your Content, and the maximum CPU power used by Your Content. The current CYCT Platform Policies are part of this Agreement.

14. CYCT’s Relationship with Users

You acknowledge that CYCT may terminate your account, and remove your CYCT ID, Content and Member Data, as well as disable your access to any and all CYCT Services on the CYCT Platform, in accordance with the terms of this Agreement. If you are a Contractor Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with CYCT or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or CYCT’s Privacy Policy.

15. Copyright Infringement/Digital Millennium Copyright Act Compliance

It is CYCT’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to CYCT’s DMCA Notification Guidelines. CYCT may remove any allegedly infringing Network Code or Content without any liability to you.

 CYCT will promptly terminate without notice any Member's (including, for clarity, Contractor Member's or Advertiser's) access to the CYCT Platform, in appropriate circumstances where the Member is a "repeat infringer" of copyrights. Generally, CYCT will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerning Content posted by that Member anywhere on the CYCT Platform. CYCT, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member. Additionally, if a Contractor Member continues to allow its designated Administrator to post Content that is subject to notices of alleged copyright infringement, the Membership may (at CYCT's sole discretion) be disabled or terminated immediately. 

Additionally, if you are a Contractor Member, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner's written notice (including any notices forwarded to you by CYCT) that specified Content posted on Your Social Network infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you file a counter-notice that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content, you agree to replace the Content not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaining party has not notified you that it has filed an action against You regarding the alleged infringement. You also agree to forward a copy of the counter notice to CYCT. CYCT strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. CYCT is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Social Network.

16. Contractor Member Data
Through our CYCT Member Services, CYCT collects CYCT Contractor Member Data from Your Network Users and general information about a User's use of Your Membership Page(s). If you are a Contractor Member or Administrator, you agree that your access to this CYCT User Data (including the email addresses provided by Users during the CYCT Contact and Sent to Friend process) as part of the management controls of Your Membership Page(s) is subject to the CYCT Privacy Policy. In addition, subject to this Agreement, you may collect Your User’s Data from Your Membership Page(s); if you do so, you hereby agree that such Network Member Data shall not be used in a manner inconsistent with, or that causes CYCT to violate CYCT’s Privacy Policy.

User privacy is important to us. Therefore, if you are a CYCT Contractor Member or an Administrator, you hereby agree that your use and disclosure of User Data and any CYCT Contractor Member Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each User’s rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of CYCT Contractor Member Data or User Data that are less stringent than the standards set forth in the CYCT Privacy Policy.

You acknowledge that CYCT may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Contractor Membership Page(s). Accordingly, you agree that, within 24 hours of any email request by CYCT, you will: (a) delete all Contractor Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by CYCT; and (b) confirm such deletion in email notice to CYCT.

CYCT is not required to keep back-up copies of Contractor Member Data on the CYCT Platform once the User or Contractor Member Data is deleted. CYCT makes no guarantee that Contractor Member Data will be safely stored on the CYCT Platform. To be safe, you should independently back-up Contractor Member Data.

17. Your Contractor Member Page(s)
We want to give you as a Contractor Member as much freedom to create and control the Page(s) you build on the CYCT Platform as possible. You may have your own agreement(s) or policies between you and each of Your Users and other Contractor Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy and provided that you allow CYCT to display the CYCT Terms of Service, Privacy Policy, any Guidelines, and the “PROUD MEMBER CYCT Logo” and back-link on your Network.

To enable a great experience for all Users on the CYCT Platform, if you are a Contractor Member, you agree to ensure all Content you create or manage does not degrade the performance of the CYCT Platform. If your Contractor Member Page(s) exceed the quotas and limitations set by CYCT (e.g., storage or bandwidth) as set forth in the CYCT Platform Policies or otherwise degrades performance of the CYCT Platform or other services in any way, we may suspend your Contractor Membership Page(s) at our sole discretion and without notice.

You agree not to harvest any email addresses from the CYCT Platform for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.

You also agree not to knowingly collect any information from, or develop any Member Page(s) that are targeted at children under the age of 13.



You acknowledge that CYCT may terminate the account of any Contractor Member (or associated Member Administrator) in accordance with these Terms of Service.

Your Member Page(s) shall not be designed or implemented in a way that, as determined by CYCT in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with CYCT when interacting with Your Member Page(s), or (ii) any of Your Member-generated Content was created by or are endorsed by CYCT. Because we want you to have as much freedom over your Membership Page(s) as possible, CYCT takes no responsibility for any Member-generated Content located in Your Membership Page(s) and CYCT has no obligation to monitor such Content.

You acknowledge that CYCT also reserves the right to remove, preserve, and disclose any information or Content on any Contractor Member Page(s) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of CYCT, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

You need to register and create a CYCT ID in order to become a CYCT Contractor Member or Contractor Member Administrator on the CYCT Platform. You are responsible for keeping your CYCT ID password secure. CYCT IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your CYCT ID. CYCT reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.

 When you create Your Contractor Membership Profile, CYCT gives you the flexibility to choose your own subdomain for Your Membership Page(s) (e.g.,"abcmasonry" in the example: http://abcmasonry.cyct.com) ("Network Subdomain"). You will be solely responsible and liable for any activity that occurs under Your Subdomain. CYCT maintains ownership of your Network Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Network Subdomain on the CYCT Platform.

 You may not use anyone else's account, CYCT ID or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. CYCT will not be liable for any loss that you may incur as a result of someone else using your CYCT ID, Network Subdomain, or password, either with or without your knowledge. However, you may be held liable for losses incurred by CYCT or another party due to someone else using your CYCT ID, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

19. Disclaimer of Warranties

YOUR USE OF THE CYCT PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-CYCT CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE CYCT PLATFORM AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-CYCT CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYCT AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. CYCT AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE CYCT PLATFORM, OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-CYCT CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CYCT PLATFORM OR THE SERVER THAT MAKES THE CYCT PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CYCT MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE CYCT PLATFORM OR YOUR SOCIAL NETWORK OR (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR SOCIAL NETWORK.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CYCT PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYCT OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE CYCT PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

20. Indemnity

You agree to indemnify, defend, and hold harmless CYCT, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
* Your Code, Your Content or Your Social Network;
* Your use of any Non-CYCT Code or Third Party Applications;
* Your use or misuse of, or connection to, the CYCT Platform;
* Your breach or alleged breach of this Agreement;
* Your violation of any rights (including intellectual property rights) of a third party;
* Your use or misuse of any User data (including CYCT Contractor Member Data), including, in violation of the CYCT Privacy Policy and
* Your breach or alleged breach of any agreement or policy between you and other Users.
CYCT 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 matter without the prior written consent of CYCT. CYCT will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

21. Your Interactions with Other Users

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Contractor Member, Administrator, or User), CYCT is under no obligation to become involved.

You release CYCT, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users.

22. Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL CYCT OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CYCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE CYCT PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO CYCT BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN CYCT (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE CYCT PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

23. Changes to CYCT Platform

CYCT reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the CYCT Platform or any part thereof with or without notice. CYCT will not be liable to you or to any third party for any modification, suspension or discontinuance of the CYCT Platform.

24. Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on contractorsyoucantrust.com or elsewhere on the CYCT Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the CYCT Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including CYCT Contractor Member or Administrator) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to contractorsyoucantrust.com or elsewhere on the CYCT Platform. The revised version will apply to you immediately if you are a User who registers or first uses the CYCT Platform on or after the posting of the revised version.

25. Term and Termination

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within the CYCT Platform at any time and for any or no reason by following the instructions on the "My Settings" page while logged in to contractorsyoucantrust.com. Additionally, you may terminate your CYCT ID account and end your use of the CYCT Platform at any time and for no reason by following the directions here or contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it. or at the physical address set forth below in the "Contacting CYCT" Section.

Termination

CYCT has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the CYCT Platform, (ii) remove and discard any of your Content anywhere on the CYCT Platform.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Content, Your Contractor Member Data, or Your Member Page(s). CYCT will not have any obligation to assist you in migrating your data, Your Content, Your Member Page(s), or Your User Data off of the CYCT Platform and CYCT does not keep any back-up of any of Your Content or Your Member Page(s). CYCT is not responsible for deleting Your Content on your behalf. Note that, even if Your Content is deleted from CYCT’s active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Content), and subject to the licenses set forth in this Agreement.

Survival

The following Sections will survive termination of these Terms of Service for any reason: Sections 1-7, 11-22, 25-30.

26. Governing Law; Venue

This Agreement shall be governed by the laws of the State of Michigan without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Grand Traverse County, Michigan, for the purpose of litigating all such claims or disputes.

27. Relationship of the Parties

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that CYCT has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.


28. No Third Party Beneficiaries

The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

29. General

The failure of CYCT to exercise or enforce any right or provision of this Agreement does 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 try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate your duties under this Agreement or assign this Agreement or your CYCT accounts or CYCT IDs, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. CYCT may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.

This Agreement, which incorporates the CYCT Privacy Policy and the Guidelines, constitutes the entire agreement between you and CYCT and governs your use of the CYCT Platform, superseding any prior agreements (whether written or oral) between you and CYCT regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

CYCT may provide you with notices, including those regarding changes to this Agreement or any of CYCT’s terms and conditions, by email, regular mail, or postings on the CYCT Platform. Notice will be deemed given twenty-four (24) hours after email is sent, unless CYCT has previously been notified that the email address is invalid. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the CYCT Platform) are deemed given two (2) days following the initial posting.

30. Contacting Contractorsyoucantrust.com

Contact CYCT in the following ways:
Phone:  Toll-Free 1+877-858-7878
Fax:  1+877-858-7878
Website Contact Form

Physical Mail:

Contractorsyoucantrust.com
12935 S West Bay Shore Drive
Suite 315
Traverse City, MI 49684

We welcome your feedback and thank you for using Contractorsyoucantrust.com.

Have any questions? Give us a call 877-858-7878

 

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