Site Terms and Conditions of Use [revised 7.07.05] This contains the Terms and Conditions (the "Agreement") under which www.referwork.com ("REFERWORK®" or “ Site" or "Company" or "Us”) which is owned and operated by this content provider, provides access to our services. The Company provides informational services relating to all phases of construction, and other projects and topics including a resource where project information submitted by You, the Site User (“You”, “Your”, “Site User”, “Submitter”) may be passed on to service providers ("Members" or “Member”) listed on our network and where You may also browse and search the Site to find service providers (“Members” or “Member”) for your project. (collectively the "Services"). By accessing, browsing and/or using this Site You agree that you have read, understood and agree to be bound by the Agreement each and every time You use the Site and this applies to any project You submit or use of our services and that includes all forms of entry into the Site. If this is not acceptable or You do not agree to be bound by the Agreement please refrain from using the Site and our Services. MODIFICATIONS The Company may modify, change, alter, append or update any content, Services, rules, systems or operating procedures along with any portion of this Agreement at any time without notice. It is recommended that You periodically review the Site to remain current with these modifications. Your continued use of the Site following any modifications will constitute binding acceptance of the modification. REPRESENTATIONS By submitting a project, You hereby represent and warrant to Us that You are at least 18 years of age, can enter into a binding legal agreement and the statements and information You made in connection with submitting a project, or by way of update, are in fact complete and accurate and truthful to the best of your knowledge. You agree to use the Site for your personal use at your sole responsibility and risk and not for commercial purposes. You represent that You are either the sole owner of any information being put forth or are explicitly authorized to act from another entity on their behalf. You have no authority to make or accept any offers or representations on behalf of the Company, or to obligate or bind in any respect on behalf of the Company. ACCEPTABLE SITE USE General Use: Site User may not use the Site in order to transmit, distribute, store or destroy material in violation of any applicable law, statue, ordinance or regulation or in a way or manner that will infringe the copyright, trademark right, trade secrets or any intellectual property rights of REFERWORK® or any third party. Site User may not post information on any others’ behalf that will violate the privacy, publicity, personal or proprietary rights of others or that is political, defamatory, libelous, abusive, lewd, pornographic, obscene, vulgar, threatening, harassing, violent, hateful, racially, ethnically or otherwise objectionable. The Site User will not provide or post information that is incomplete, false, misleading, inaccurate, impersonating or not Your own. Security Rules: You are strictly prohibited from violating or attempting to violate the security of the Company including without limitation attempts to the following: - access information or data not intended for You, or not assigned Your username or password - breach of any parties’ Site User authentication - promote violence or contain hate speech - upload, post, submit or transmit any information or content containing viruses, trojan horses, worms, time bombs or mail bombs, cancelbots or other similar harmful programming routines or routines that may probe, scan, monitor, test vulnerability, interrupt, destroy or limit the functionality or place an unreasonable or disproportionately large load or overload on the network infrastructure. Any such violation to security may result in civil or criminal liability. The Company will cooperate with law enforcement authorities in prosecuting such violations. SUBMISSIONS When You submit a project You give the Company the right to display, edit, modify or create derivative works from any content or information you submit and to pass this information on to third party Members. The Company reserves the right to perform edit and/or remove or delete in whole or in part any information or data submitted, account information or material, at its sole discretion at any time without explanation; whether contact information or any submissions of any sort or content. The Company reserves the right to terminate any information at its sole discretion. You agree that all submissions will be in the view of the general public without recourse by You and You are solely responsible for all content that you submit to the Site. The Company at their sole discretion may suspend, cancel or modify Your use of the Site and may deny any project submitted by You at any time for any reason. USERNAMES AND PASSWORDS Usernames and passwords, if issued, are done so solely to the Site User requesting them. You agree to not share such username or password to any other person or third party and are responsible for such uses and also agree that only a single user at a time may be logged on. In absolutely no event will the Company be liable for unauthorized use or misuse of Your username and/or password. COMMUNICATIONS When submitting a project You agree to provide the Company with valid contact information including email addresses and telephone numbers and to notify Us when such information changes. By submitting a project to Us, You agree to receive all communications from Us whether written, by telephone or electronic form including letter, email, telephone and facsimile transmission respectively, which may pertain to Your project submitted and contact information supplied by You. You agree to respond to all communications from Us made in reference to projects submitted by You. All communications will be in relation to current and future Services of the Company and may also be made by their representatives. The Company may check at its sole discretion by various method(s) the information submitted from You. This may include, though is not limited to, contacts by telephone and by email. SITE TRAFFIC /GATHERING INFORMATION While You visit the Site the Company may monitor traffic, statistics and collect and gather information. This is intended to better gauge Site User interests, to streamline the experience, to balance the server load and to achieve a more efficient management of the Site too make it more useful. INTERPRETATION OF RELATIONSHIP Nothing contained herein or as a result of Your use of the Site shall be interpreted as creating any form of partnership, venture, joint enterprise, agency, employment or franchise relationship between You and the Company. The Company does not operate in the capacity of a general contractor. The Company and You shall act independently and shall have no authority to obligate or bind the other in any respect. HEADINGS, SEVERABILITY Headings used in this Agreement are for convenience only and have no effect on the meaning or construction of the Agreement. If any term or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the Agreement continues in full force and effect. TRADEMARKS, COPYRIGHT AND INTELLECTUAL PROPERTY REFERWORK® is a federally registered trademark owned by this content provider. Other trademarks are the property of their respective owners. The entire contents of the site are the legal property of this content provider and protected by U.S. copyright and any unauthorized use of any content, including reproduction, distribution or transmission of materials in any way is prohibited unless given express written permission by the Company. You acknowledge that all rights to the registered mark and content are the exclusive property of this content provider and that all goodwill generated through the use of the registered mark will inure to the benefit of the Company, its successors and assigns. You agree that you gain no title or interest whatsoever, either directly or indirectly, in any trademark, copyright or intellectual property rights as a result of Your use the Site. Additionally you may not copy or modify in any way; any icons, buttons, banners graphic files or content that is made available to You through Your use of the Site. If you send any creative ideas, concepts, suggestions, drawings, information, or materials (collectively the "Ideas") to the Company in printed form, electronic means or otherwise, the Ideas shall be deemed to be the property of the Company and shall not be subject to any obligations of confidence, non-disclosure, or non-usage. The Company is hereby entitled to unrestricted usage of the ideas on a worldwide bases without compensation to the provider of the Ideas. RESALE AND ASSIGNABILITY We reserve the right to assign or transfer this Agreement or any right or obligation under this Agreement automatically without Your consent, such as in the event of a merger or aquisition. You may not to reproduce, copy, duplicate, sell, disseminate or exploit any portion of the Site, it’s content or Services, or any means of access to the Site or Services. LINKS TO OTHER SITES Third party links are contained within the Site. Since these links are provided as a matter of convenience, the Company does not endorse, sponsor, guarantee, make warranties or representations whatsoever either expressed or implied and is not responsible for the content and accuracy on such third or other party sites that are arrived at via link or other means. IDEMNITY You agree to defend, idemnify and hold harmless the Company, its employees, representatives, agents and officers, from and against any and all liability, claims, losses, damages, injuries and expenses, including without limitation reasonable attorney and accounting fees, arising out of, or in connection with Your use or any use or alleged use of the Site or Services and any matter related to this Agreement and the content it incorporates. GENERAL The Site is operated by the Company within the State Of Ohio, United States of America. You agree and acknowledge that the Services of the Company occur in Lebanon, Ohio, the principal place of business. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter and supersedes all previous written or oral agreements between the parties with respect to such subject matter. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY The Company does not recommend, screen or endorse any information and will not be held liable for the validity, truthfulness, accuracy or reliability of information regardless of type or source which includes information supplied by Members or submitted by You which includes Members listed on the Site or those that may respond to the project being submitted by You. The Company does not provide advice on which Members to select for your project and selection is your sole responsibility. ALL COMPANY SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED ON AN 'AS IS' and 'AS AVAILABLE' BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR EXPECTATIONS OF PRIVACY. YOU EXPRESSLY AGREE NOT TO RELY EXCUSIVELY ON THE INFORMATION PROVIDED BY THE COMPANY, REGARDLESS OF PURPOSE OR REASON, AND WILL HOLD THE COMPANY HARMLESS FOR ANY DAMAGES INCURRED WHETHER FOR SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THIS INFORMATION. ADDITIONALLY THE COMPANY ASSUMES NO RESPONSIBILITY FOR LOSSES DUE TO ERRORS OR OMMISSIONS, DOWNTIME, OR ANY LOSSES WHATSOEVER EVEN IF ADVISED OR GIVEN PRIOR NOTICE OF SUCH LOSS. It is Your sole responsibility to consult with the proper experts for advice on contracts, insurance coverage, any licensing requirements and permits, and to perform checks on references, licensing, permits, insurance coverage, to obtain legal advice and background and financial information including credit history on any Member You choose to select for Your project. You assume all risks associated with the accuracy, completeness and suitability of information that Members present as to qualifications, competency and levels of performance and quality provided on Your project. The Company’s total cumulative liability to You or anyone who uses the Site or for any and all claims under any theory of law in any circumstance (including negligence) will not exceed $1.00. Because the Company is not involved in what occurs between You and the Members, if You have a dispute with any Member You agree to handle such dispute with the Member directly and to release the Company and its representatives, employees, agents and officers from any and all costs, damages or claims (including actual, consequential and incidental damages)arising out of or in connection with such disputes and You waive the right to file suite against the Company its representatives, employees, agents and officers. The Company offers no assurances or guarantees that projects submitted or listings for Members will result in work being performed as a result of our efforts. You acknowledge and agree that the Company is not responsible for any decisions for work to be entered into between the Members and You, regardless of reason or by whom. Site Users are encouraged to exercise caution when accessing and using the Site. You expressly agree to use the Site solely at your own discretion and risk and assume any and all responsibility as a result of doing so. You acknowledge that You are solely responsible for any and all information or postings submitted to the Site as well as for any loss, liability, damage or costs You may suffer as a result of Your use of the Site. The Company does not warrant that the Site will operate uninterrupted or error free. Site Users understand that inaccuracies, typographical errors and omissions are likely to occur throughout the Site for which the Company is not held liable. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY COST OR DAMAGE ARISNG IN CONNECTION WITH OR RELATIONSHIP TO THE USE OF THE SITE OR ANY THIRD PARTY SITE, WHETHER CAUSED DIRECTLY OR INDIRECTLY. THIS INCLUDES ANY LOSS OF DATA, LOSS OF PROFITS, LOSS DUE TO DAMAGE AND RELATED COSTS TO REPLACE OR REPAIR COMPUTER AND EQUIPMENT SYSTEMS, SUCH AS FROM VIRUS OR SIMILAR CONTAMINATION OR DESCRUCTIVE FEATURES OR FROM DOWNTIME. Some states do not allow exclusion of implied warranties, or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such states, the liability of the Company, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. By submitting Your project information You are agreeing that you have read and understand this agreement and agree to all of the ‘Terms and Conditions of Use’ herein. ......................................................................................................................