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Terms of Use Service Agreement

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE.

Use of the Locatepros.com (the "Website") is subject to this Agreement as follows:

1. Website Ownership. The Website is owned by Locatepros.com. All materials contained or distributed in the Website (the "Materials") are either owned by or licensed to Locatepros.com. The applicable owners and licensors retain all rights to the Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Locatepros.com. Materials must not be used in any unauthorized manner.

2. Message Features Participation. The Website may offer opportunities for you to transmit messages in connection with various features including, but not limited to, email, blogs, video and message boards ("Community Features”). You must use the Community Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Community Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Community Feature. In order to participate in any Community Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked to select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(ix) above, or any other operating term set forth by Locatepros.com.

License. By transmitting any Message or Screen Name, you are granting Locatepros.com a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.

Message and Screen Name Review. Locatepros.com and its third-party providers (the "Vendors") act as a passive conduit in connection with your use of Community Features. However, Locatepros.com and its Vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Community Feature on a temporary or permanent basis. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by Locatepros.com or its Vendors.

You acknowledge that Messages and Screen Names are not confidential and that they may be read, intercepted by others and widely accessible on the World Wide Web, and that you no have no expectation of privacy with regard to any such submission. You acknowledge that by submitting Messages and/or Screen Names to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Locatepros.com and its Vendors other than as expressly set forth in this Agreement. You acknowledge that Locatepros.com is not responsible for, and cannot and does not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Website.

3. Locatepros.com may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Locatepros.com may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

4. Locatepros.com Services. Locatepros.com provides Contractors with contact information provided by homeowners who have requested to be contacted. We do not guarantee that the Contractor will be able to fulfill your request for service on a project request, provide competitive pricing, or will be capable or willing to provide you with the service you requested. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. Locatepros.com does not endorse the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not directly guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of Locatepros.com, nor is Locatepros.com an agent of the service professionals. Locatepros.com does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, and you hereby agree to release and indemnify (see #11 indemnification) Locatepros.com (and our officers, directors, affiliates, employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier who may employ he Locatepros.com matching utility) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals.

5. What is U-WIN?

UWIN is a consumer protection agency that allows elite home services contractors to provide an extra level of protection and peace of mind to residential home services consumers.

When you do business with a UWIN endorsed contractor you will have an employee working in your home who has been drug tested, background checked, and properly trained.

Our company agrees to the UWIN Code of Ethics, carries current liability and workers compensation insurance and is licensed by all appropriate government agencies.

Code of Ethics include:

We conduct random drug-testing of every employee on an ongoing basis
We do complete background checks on all field employees as the law permits
We offer a 100% satisfaction guarantee
We maintain the highest degree of customer service
We agree to conduct business in a legal and ethical manner at all times
We provide UWIN with all information requested regarding your transaction
We allow UWIN to make a final decision regarding any customer resolution
We must properly train all technicians and sales people before sending them into your home
We agree to provide our customers with their best quality service, materials, labor, expertise and craftsmanship
We agree to always adhere to all laws, regulations and ordinances that govern our service area
We practice proper financial and accounting procedures in accordance with all local, state, and federal laws.

6. Your Use of Locatepros.com Services You acknowledge and agree that your use of the Locatepros.com services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on Locatepros.com Web site, including but not limited to Service Professional profiles, screening information, and Community Forum, Blogs,(or other content posted by you), is the sole and exclusive property of Locatepros.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Locatepros.com for any such damages, and will indemnify Locatepros.com in the event of any third party claims against Locatepros.com based on or arising from your violation of the foregoing.

To knowingly input false information, including but not limited to name, phone number, address, or email address is fraudulent if you knowingly input false information in a service request, including but not limited to some one else’s name, email address, physical address or phone number or a random or made up name, address, email or phone number you agree to fully indemnify and be liable to Locatepros.com and each Locatepros.com contractor who accepts such service requests, for the greater of: 1) A minimum amount of $25,000 to Locatpros.com and each of this affected service professionals and for each of the actual person(s) affected by any of the improper, incorrect, or fraudulent information you enter, (for example the actual owner of the email address or phone number, etc.) per improper submission, plus any attorneys fees, costs and expenses relating thereto, if applicable, or (2) The actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful, and fraudulent activity plus reasonable legal fees, cost and expenses relating thereto, which ever is greater.

7. Votes; Contests; Sweepstakes. The Website may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.

8. Linking.  The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website from or to other websites maintained by third parties, do not constitute an endorsement by Locatepros.com or any other Locatepros.com Entity of any third party website or content. Locatepros.com is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its website administrator or Webmaster.

9. Disclaimer of Warranties.
A. Use of the website and the services, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.

B. Except for any warranties that may be expressly provided by the applicable vendor, the website and all materials contained or distributed therein, including, but not limited to all services are provided “as is” and without warranties of any kind, either express or implied, including but not limited to any warranties or title or warranties of merchantability or fitness for a particular purpose.

C. Locatepros.com does not warrant that: 1) The website or the services will be uninterrupted or error free; (2) Defects or errors in the website services will be correct; (3) The website services will be free from viruses or other harmful components; or (4) Any information contained in the website services will be accurate or reliable.

10. Limitations on Liability.
A. Notwithstanding, any item in this agreement, other operating terms set by Locagtepros.com or any act of failure to act by Locatepros.com or its vendors and service professionals, you are exclusively liable for the content of every message and screen name you transmit via this website.

B. In no event shall Locatepros.com, any other Locatepros.com entity, vendor, or service professional be liable for any direct, indirect, incidental, or special or consequential damages arising out of or relating to use of or inability to use the website including but not limited to any transactions for service with a contractor, tort, negligence, strict liability, or any other basis, even if Locatepros.com has been advised of the possibility of such damages. Because some jurisdictions shall be limited to the extent permitted by law, the maximum liability of Locatepros.com, for any claim arising out of or in connection with this website service is $100.00.

C. In no event shall Locatepros.com be liable for any breach in transaction security caused by a third party arising out of or relating to any attempt to purchase services from a contractor.

D. In no event shall Locatepros.com or any other Locatepros.com entity, vendor, or service professional, be liable for any failure, interruption or error with respect to any aspect of this website, including availability of any website feature.

11. Indemnification. You hereby agree to indemnify and hold the Locatepros.com Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services; or (B) any alleged breach of any agreement between you and a Contractor regarding service provided by said Contractor. For purposes of this Agreement, the “Locatepros.com Entities" shall mean subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with Locatepros.com, and the directors, officers and employees of the above entities.

12. Termination. Locatepros.com may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Locatepros.com may also impose limits on certain features and Services or restrict your access to parts or the entire Website without notice or liability at any time in Locatepros.com exclusive discretion, without prejudice to any legal or equitable remedies available to Locatepros.com, for any reason or purpose, including, but not limited to, conduct that Locatepros.com believes violates this Agreement or other policies or guidelines posted on the Website or conduct which Locatepros.com believes is harmful to other customers, to Locatepros.com business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Locatepros.com in its sole discretion. In addition and without prejudice to any other remedy available to Locatepros.com, Locatepros.com may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Locatepros.com.

12. Choice of Law; Jurisdiction; Attorneys' Fees This Agreement will be governed by the laws of the State of Florida applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Florida, Florida will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Locatepros.com will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

13. Miscellaneous. This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Locatepros.com in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 4, 5, 6, 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

14. Acceptance of Terms of Use. By using the website, you siginify your agreement to the terms of this agreement. If you do not agree to the terms in this Agreement, you must not use the Website. Locatepros.com may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.