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1. Terms of Service This agreement is entered into by ProjectTurtle.com (ProjectTurtle, We) and you as a user of the website ("You"), and You acknowledge and agree that the following terms and conditions, including the Privacy Policy posted on this website, shall govern your use of each and every page of this website and the provision of both free and subscription-only information to you by or through the website. ProjectTurtle reserves the right to revise this Agreement and/or the contents of this website at any time for any reason without notice. You further acknowledge and agree that You will be bound by any such revisions to the Agreement. For this reason, ProjectTurtle encourages You to periodically visit the website and review the terms and conditions of this Agreement. 2. General Disclaimer In using ProjectTurtle.com's service, you acknowledge that ProjectTurtle.com is not acting as your general contractor, agent, or advisor. Therefore, it is your sole responsibility to select a contractor and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the contractor's and your own insurance coverage requirements. ProjectTurtle.com does not recommend or endorse any specific service provider, provide advice on which service provider to select, or screen any individual service provider's personal credit or legal standing. We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs. We take no steps to examine the credentials of our listed service professionals and we make no guarantees or representations regarding the application or installation skills 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. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Your rights under contracts you make with service professionals typically are governed by your state and local laws. Should you have a dispute with any service professional, you must address such dispute to the service professional directly, and you hereby agree to release ProjectTurtle.com (and our employees and agents) and any other person, firm, or entity 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. ProjectTurtle.com does not guarantee that any service provider has licensing or insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect. Unless otherwise specifically stated, ProjectTurtle.com does not endorse any product or service described in, offered on, or linked to ProjectTurtle.com's website. 3. Conduct You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. g) that impersonates any person or entity, including, but not limited to, a ProjectTurtle employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch"; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the ProjectTurtle sites which are not designated for such purposes; or emailed to ProjectTurtle users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. m) that includes links to commercial services or web sites, except as allowed in "services"; n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Delaware law. o) 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; p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the web site, or that otherwise negatively affects other users' ability to use the web site; or q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the web site. Additionally, you agree not to: r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; s) "stalk" or otherwise harass anyone; t) collect personal data about other users for commercial or unlawful purposes; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the web site - unless expressly permitted by ProjectTurtle; v) post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; x) attempt to gain unauthorized access to ProjectTurtle's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ProjectTurtle website; or y) use any form of automated device or computer program that enables the submission of postings on ProjectTurtle without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. z) use any form of automated device or computer program ("flagging tool") that enables the use of ProjectTurtle's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these terms. 4. Links to Third Party Sites The links in the ProjectTurtle.com web site will allow you to leave ProjectTurtle.com’s web site. The linked sites are not under the control of ProjectTurtle.com and ProjectTurtle.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ProjectTurtle.com is not responsible for web casting or any other form of transmission received from any linked site. ProjectTurtle.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ProjectTurtle.com of the site. 5. Use of Account In order to protect you and others, you and other users of your account must comply with all applicable laws and regulations when using ProjectTurtle.com’s service and must not use our service to impersonate or harass any other person. You may copy information provided by ProjectTurtle.com for your personal use, but you must retain any copyright notice and other proprietary notice on copied information. You are not permitted to reproduce, distribute, transmit, publish, or commercially exploit any information provided by ProjectTurtle.com without the appropriate permission of the copyright owner. This prohibition precludes emailing, faxing, posting to any bulletin board, storage in a database accessible to persons other than yourself, or otherwise making information available electronically or in any other form. 6. Posting Agents "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to the web site on behalf of others. To moderate demands on ProjectTurtle’s resources, you may not use a Posting Agent to post content to the web site without express permission or license from ProjectTurtle. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the web site to facilitate posting content on behalf of others, except with express permission or license from ProjectTurtle. 7. Changes to the Service or Terms ProjectTurtle.com may from time to time without notice change, add or remove certain features of our service or change the terms of this Agreement. 8. Limitations on Service You acknowledge that ProjectTurtle may establish limits concerning use of the web site, including the maximum number of days that content will be retained by the web site, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the web site, and the frequency with which you may access the web site. You agree that ProjectTurtle has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the web site. You acknowledge that ProjectTurtle reserves the right at any time to modify or discontinue the web site (or any part thereof) with or without notice, and that ProjectTurtle shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web site. 9. Disclaimer of All Warranties You understand that ProjectTurtle.com has no control over any Third Party services. ProjectTurtle.com and its suppliers make no warranty that the service or the Third Party services will meet your requirements or that use of the service or the Third Party services will be uninterrupted, timely, secure, or error-free; nor do ProjectTurtle.com or its suppliers make any warranty as to the results that may be obtained from use of the service or the Third Party services, or the accuracy or reliability of any information obtained through the service or the Third Party services, or that any defects in the service or the Third Party services will be corrected. ProjectTurtle.com and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the service or the Third Party services. Any material or data obtained through use of the service or Third Party services must be used at your own discretion and risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law. ProjectTurtle.com does not guarantee the quality or fitness of any work performed by any service providers. 10. Limitations of ProjectTurtle.com’s Liability Release ProjectTurtle.com and its suppliers will not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account. ProjectTurtle.com’s total cumulative liability to you and anyone who uses the service or the Third Party services through your account, for any and all claims under any theory of law (including negligence), will not exceed $25. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting ProjectTurtle.com’s liability beyond what is permissible under applicable law. You agree not to hold ProjectTurtle.com responsible for any damages or other liabilities arising from work performed by any contractor. Because ProjectTurtle.com is not and cannot be involved in your dealings with service providers or control whether or not service providers will complete any work as agreed, in the event that you have a dispute with one or more service providers, you release ProjectTurtle.com (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 11. Disputes You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in Delaware. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that any claim or cause of action arising out of or related to use of ProjectTurtle.com services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. 12. Miscellaneous You agree that ProjectTurtle.com and affiliated partners may use your contact information, including your email address to contact you and to provide you with related content including our monthly newsletter. If you have previously opted out of our email list, submitting this form will opt you in. If at anytime you wish to be removed from our follow up or newsletter lists, you may contact us at info@ProjectTurtle.com and request to opt-out of future communications. ProjectTurtle.com, the service providers, and any ProjectTurtle.com partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of the state of Delaware. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by ProjectTurtle.com or its representatives or resellers. You acknowledge and agree that any communication or material you transmit to this website, in any manner and for any reason, will not be treated as confidential or proprietary information and that any communications, or other materials you transmit to this website may be used by ProjectTurtle for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if ProjectTurtle decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you. You acknowledge and agree that your use of the website and of the Service is at your own risk and that neither ProjectTurtle nor any other party involved in creating, producing, or delivering this website, including the content and information contained in this website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs or expenses of any kind (including attorney's fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider. 13. Indemnification You agree to indemnify and hold harmless ProjectTurtle, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys' fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You (ii) any content, data or material that you submit, post or otherwise provide to ProjectTurtle or on this website.
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