Contractor and Company

Terms of Use

Last updated:

January 29, 2022

Welcome to Contractor and Company!

This Terms of Use sets forth the Agreement between you and Contractor and Company (“we” or “us”) regarding your use of our web service and mobile applications (collectively the “Service”). Please read this Agreement because it contains important information about your content (that you own), how information is shared between Administrators and Members, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration.

If you cannot agree to these Terms of Use, don’t use the Service.

1. Using the Service

A. How It Works

Our Service enables people (“Members”) to participate in a community, online workshops, and events for free or for a fee. We invite Members to create an account to connect with each other, to message, and exchange information and content.

B. Who can use Contractor and Company?

You must be at least the age of majority in the country and state where you live to participate in our Community.

C. Registration

You will set up an account when you join our Service. When you set up a profile, we treat registration information according to our Privacy Policy. Your name and contact information will be made available to your Administrator. You are responsible for maintaining the confidentiality of your password.

D. Privacy

Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining our Community, you are sharing personally identifiable information with your Administrator and other Members.

E. Acceptable Use

When you join Contractor and Company, you agree to follow our Acceptable Use Policy at all times. We reserve the right but have no obligation or liability for monitoring any interactions with other Members or Administrators of the Service. You may submit a complaint or concern about another Member or Administrator to support@contractorandcompany.com.

F. Termination

You may close your Member account at any time by going to account settings and disabling your account. We may terminate your account if you violate our Acceptable Use Policy or for any other reason. We may suspend your use of the Service or the Service at any time for any reason, without any notice.

G. Feedback

We welcome your feedback and suggestions about how to improve Contractor and Company. Submit feedback at support@contractorandcompany.com. By submitting feedback, you agree to grant us the right to use it for free.

2. Your Content

You keep complete ownership of all content and activity in Contractor and Company. You permit us to display your content and activity in our Community. Make sure you have permission to use content that you post to our Service.

A. Your Content.

All material that you upload, publish, or display to others via our Community is “Your Content,” unless provided for otherwise by the Administrator. The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, and chat with other Members. Material that a Member uploads, publishes, or displays to others via our Service is “User Generated Content.” Your Content, including User Generated Content, does not include Your Data (defined below).

B. You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on Contractor and Company, but you and your licensors still own it.

In legalese: In connection with your use of the Service, you hereby grant and will grant Contractor and Company and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium, or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Service, including the right of the Administrator to move Your Content to another platform. If you join a space of the Community that is Paid, Private, or Secret, rather than Public, only your Administrator and Members who are invited to join that space will be able to see Your Content that you post in that space. Contractor and Company may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Contractor and Company, its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to the technical requirements of connecting networks or devices.

C. Acceptable Use

You agree to follow our Acceptable Use Policy. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person because of any of Your Content. We are not obligated but reserve the right, to remove or suspend, in whole or part, Your Content that violates our Acceptable Use Policy.

3. Copyright and Trademark Policies

Our Copyright Policy and Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request the takedown of specific material at support@contractorandcompany.com.

4. Service Materials

A. Service Materials

All right, title and interest in the Service, including the Contractor and Company buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, Your Data, third-party web services or third-party content linked to or posted within the Service) (collectively “Service Materials”) are the property of Contractor and Company and/or its licensors. The Contractor and Company name and logo, the Contractor and Company mark, the Contractor and Company logo are trademarks and service marks of Contractor and Company. We retain all right, title, and interest in and to the Service Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Service Materials without our express written permission.

B. Our Licenses to You.

Subject to these terms, including our Acceptable Use Policy, we grant you limited, non-exclusive access to the Service Materials and the Service. Except for the rights and licenses granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

C. No Endorsement or Screening.

Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within Contractor and Company or the conduct of parties who participate in our Community.

5. Integrated Services

You may enable various online services like Facebook to be integrated into your Mighty Networks Host or Member account or Mighty Network (“Integrated Services”). For example, you may be able to share or access your Mighty Network activity on Integrated Services such as Facebook. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their providers. By enabling Integrated Services in connection with the Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services. For more information about the implications of activating these Integrated Services and our use, storage, and disclosure of information related to you and your use of such services within Mighty Networks (including your friend lists and the like), please see our Privacy Policy. However, please remember that your use of any Integrated Services and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service.

6. Paid Services

A. Fees

If you select a portion of the Service for which a fee applies (“Paid Service”), you agree to pay the applicable fee when you enroll. For a Paid Service, you will be required to select a payment method. For Paid Services, additional terms may apply, and you may be asked to agree to additional terms by a separate agreement.

B. No Refund at Termination

(i) If you terminate your Paid Service, we will not refund any payment for your unused Paid Service.

(ii) If we terminate your Paid Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Paid Service.

7. Disclaimers and Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CONTRACTOR AND COMPANY ENTITIES TO YOU. “CONTRACTOR AND COMPANY ENTITIES” MEANS CONTRACTOR AND COMPANY AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

A. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH SERVICE MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS, OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CONTRACTOR AND COMPANY ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

B. CONTRACTOR AND COMPANY MAKES NO PROMISES WITH RESPECT TO AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, ADMINISTRATOR, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, ADMINISTRATOR, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. CONTRACTOR AND COMPANY MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FOR FREE BY YOU THROUGH THE SERVICE.

C. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, CONTRACTOR AND COMPANY ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT CONTRACTOR AND COMPANY ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

D. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

E. WITHOUT LIMITING THE FOREGOING, CONTRACTOR AND COMPANY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO CONTRACTOR AND COMPANY IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

8. Indemnification

You agree to release, indemnify, and defend Contractor and Company Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (i) your use of Service, (ii) Your Content, (iii) your conduct or interactions with other Administrators or Members of the Service, or (iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

You also agreed to release, indemnify, and defend your Administrators and Members from all third-party claims and costs arising out or related to: (i) your use of the Service, (ii) Your Content, (iii) your conduct or interactions with Administrators or Members, or (iv) your breach of any part of this Agreement.

9. Dispute Resolution, Arbitration, and Class Action Waiver

We hope that our Administrators can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced and will include disputes related to your use of the Service, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy.

The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration, you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.

Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to support@contractorandcompany.com. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.

The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as modified by these terms. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these terms. The arbitration will be conducted through the submission of documents, by phone, or in person in Johnson County, Indiana.

The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.

Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in Johnson County, Indiana, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.

This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.

If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to support@contractorandcompany.com that includes your actual name and Contractor and Company user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.

10. General Legal Terms

A. Changes to these Terms

We may amend this Agreement (including any policies, such as our Privacy Policy, Acceptable Use Policy, Copyright Policy, and Trademark Policy that are incorporated into this Agreement) at any time at our sole discretion. If we amend the terms of this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time here. Your failure to cancel your account, or cease use of Contractor and Company after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Service.

B. Governing Law and Jurisdiction

You agree that Contractor and Company is operated in the United States and will be deemed to be solely based in Indiana and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Johnson County, Indiana, and governed by laws of the state of Indiana, without regard to any conflict of law provisions.

C. Use Outside of the United States

Contractor and Company expressly disclaim any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.

D. Export

The Service is controlled and operated from our United States offices in Indiana. Contractor and Company software is subject to United States export controls. No software for Contractor and Company may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.

E. Applications and Mobile Devices

If you access the Service through a mobile application, you acknowledge that this Agreement is between you and Contractor and Company only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.

F. Survival

The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and Your Responsibilities for Your Content), 4(a)(Service Materials), any outstanding payment obligations pursuant to Section 6 (Paid Services) and Sections 7-10.

G. Notice for California Users

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Service is provided by Contractor and Company, located in Johnson County, Indiana. If you have a question or complaint regarding the Service, please contact Contractor and Company at support@contractorandcompany.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

H. Assignment

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

I. Electronic Communications

You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

J. Entire Agreement / Severability

This Agreement supersedes all prior terms, agreements, discussions, and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.

K. Interpretation

In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.

L. Notices

All notices permitted or required under this Agreement unless specified otherwise in this Agreement, must be sent in writing as follows to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via support@contractorandcompany.com. Notices will be deemed given (a) if to you when emailed, and (b) if to us, on receipt by us.

M. Relationship

This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

N. Waiver

No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

O. Further Assurances

You agree to execute a hard copy of this Agreement and any other documents that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.

P. Contact

Feel free to contact us at support@contractorandcompany.com with any questions about these terms.

Q. Agreement to Terms

When you use the Service, you agree to the terms of use set forth in this agreement, including the Privacy Policy and Acceptable Use Policy, regardless of whether you are a registered user.

R. Changes to the Service

We are always trying to improve your experience with the Service. We may need to add or change features and may do so without notice to you.