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Terms of Use

TERMS OF USE

Please read the following Terms of Use (“Terms”) carefully. They govern your use of SubSearcher LLC’s (“Company”) SubSearcher mobile application, website, and related services (collectively, the “Services”). By using the Services, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

Company reserves the right to change the Terms under which the Services are offered from time to time. If you do not agree to the amended Terms, you must stop using the Services. You will be deemed to have accepted the amended Terms if you continue to use the Services after such amended terms are posted.

Registration for the Services

The Services enable users to create a profile, post and view information about the services that they offer, the services that they are looking to obtain, and communicate with others. In order to access and use the Services, you must set up a user account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, and any other information requested by Company related to yourself or your business. You will set your own password for accessing the Service and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Company of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may not use the Services.

By setting up Your Account and using the Services, you expressly agree that you will receive communications from Company, including email messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by Company in any such communication.

Payment of Fees

To use certain aspects of the Services, you may be charged fees (the “Fees”). For example, Fees will be charged to a contractor who wishes to obtain access to information about subcontractors. Upon payment of the applicable Fees, a contractor will be issued the set number of requests associated with the package the contractor selects. The contractor may then redeem a request to receive two (2) subcontractors within a certain trade. In the event that a contractor makes multiple requests for subcontractors within a trade, Company does not guarantee that there will not be repeat information provided in response to second or subsequent request.

To pay the Fees, you must provide valid credit card information via a third party payment processer. PLEASE NOTE THAT SUBMITTING THIS INFORMATION WILL RESULT IN A CHARGE DIRECTLY TO THE IDENTIFIED CREDIT CARD. The amount of the Fees will be based upon the pricing schedule in effect at the time the Fees are charged. Company reserves the right to amend this pricing schedule, at any time in its sole discretion with or without notice. You hereby authorize Company’s payment processing service to charge your credit card for all Fees that you incur in connection with your use of the Services.

In the event you have any dispute in the amount charged to your credit card, you will need to raise such a dispute by e-mailing Company at service@subsearcher.com within thirty (30) days of your credit card being charged. In the event you do not raise any dispute within such thirty (30) days, the charges will be deemed final and you hereby explicitly waive any right to dispute such charges. Company shall review such a dispute and determine in its sole discretion as to whether an error needs to be corrected or whether the charges were correct. Company shall respond to you with its decision and its decision shall be deemed final. In the event Company determines a dispute is valid, Company shall issue a refund or provide a credit and such refund or credit will be your sole and exclusive remedy for such dispute.

Except as provided herein for disputed charges, there will be no refunds on any Fees charged under these Terms.

Your Use of the Services

You may use the Services solely in connection with promoting your services to contractors and/or seeking to obtain the services of subcontractors, whichever is applicable to you. Company reserves the right to make changes to the Services at any time and without notice. Your access to and use of the Services is completely at the discretion of Company, and your access to and use of the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:

  • You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Services, and with all applicable copyright, trademark, or other intellectual property rights laws.
  • You may not upload, post, email, transmit or otherwise make available any content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content.
  • You may not intimidate, harass, defame, stalk, or intentionally offend other users of the Services or any other person or entity.
  • You may not post any content via the Services that includes hate speech, threatening messages, defamation, pornography, nudity, graphic or gratuitous violence, or other content that Company finds objectionable in its reasonable discretion (collectively, “Objectionable Content”).
  • You may not use the Services to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
  • If you are a subcontractor looking for work, you may only use the Services to accurately promote the services that you provide.
  • If you are a contractor, you may only use the Services to search for and obtain information about available subcontractors.
  • You may not interfere or attempt to interfere with the Services or another person’s use of the Services by use of any program, script, command, device, software, routine, or otherwise.
  • You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents your identity or affiliation with another person or entity.

Your Interactions with Other Users

The Services enable you to interact with other users of the Services. You are solely responsible for your interactions with other users, whether online or offline. You acknowledge that Company does not conduct criminal background checks regarding users of the Service or otherwise inquire into the background of its users in order to verify the information that they provide in registering to use the Services. Company reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You shall be responsible for exercising your best judgment in determining who to interact with and who to enter into a business relationship with. It is your responsibility to take reasonable precautions in all interactions with other users of the Services, particularly if you decide to work with someone you are introduced to through the Services. In no event shall Company be responsible or liable for the conduct of any user or for any claims resulting from any services provided by other users and/or any payments due from other users.

License and User Content

Company grants you a limited, non-exclusive, non-transferable license to access and use the Services in legally authorized jurisdictions for purposes outlined herein. This license is contingent upon your compliance with these Terms. Any unauthorized use of the Services shall automatically terminate the license granted to you by Company for such use.

You shall be solely responsible for your actions and the contents of your transmissions via the Services. Although Company does not claim ownership of any of the photographs, videos, information, materials and other content that you post via the Services (collectively, “Your Content”), by posting Your Content via the Services, you automatically grant Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce and distribute Your Content on or in connection with the Services.

As outlined above, Company does not permit the Services to be used to post Objectionable Content. In the event that Company receives a report regarding purportedly Objectionable Content, Company will review the report and take action to remove any Objectionable Content within 24 hours. Moreover, the user responsible for posting the Objectionable Content will be subject to penalties, including no longer being permitted to use the Services.

Ownership

You acknowledge and agree that the Services, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Services shall at all times remain the sole property of Company. You will not acquire any right, title or interest in or to the Services by reason of these Terms, except for the non-exclusive license to use the Services in accordance with these Terms.

Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by you; (b) Your Content and/or any other materials that are posted or activities that occur under Your Account; and (c) your interactions, communications, or business relationships with any other user of the Services. Company will have sole control of the defense of any such damage or claim.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SERVICES HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR COMMUNICATIONS, INTERACTIONS OR BUSINESS RELATIONSHIPS WITH OTHER USERS OF THE SERVICES.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE SERVICES ARE CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.

Privacy Policy

Company respects and is committed to your privacy. Please review our Privacy Policy, which also governs your use of the Services, to understand Company’s practices.

Miscellaneous

The laws of the State of Indiana, U.S.A. shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts Marion County, Indiana, U.S.A. for any action arising out of these Terms.

You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Services, represent the entire understanding between you and Company regarding your relationship with Company and your use of the Services. These Terms supersede all previous written or oral agreements between you and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.