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Terms & Conditions

TERMS AND CONDITIONS OF USE

1. Acceptance of Terms of Use and Amendments

This user agreement ("Agreement") is entered into by StickyWire. StickyWire 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 (the "Service"). StickyWire 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, StickyWire encourages you to periodically visit the website and review the terms and conditions of this Agreement.

StickyWire reserves all rights afforded by the laws of the United States and Canada, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the StickyWire website.

1. Your StickyWire Account and Site. If you create content (“Content”) such as an article, item, posting, image, audio recording, video recording or other material of any kind on the Website, you are responsible for maintaining the security of your account and Content that you have created but you are not responsible in any manner for Content created by StickyWire, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the content you have created. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and StickyWire may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause StickyWire liability. You must immediately notify StickyWire of any unauthorized uses of your content, your account or any other breaches of security. StickyWire will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors. If you operate a Content, comment on a content, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

• your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other contents and web sites, and similar unsolicited promotional methods;

• your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your content’s URL or name is not the name of a person other than yourself or company other than your own; and

• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by StickyWire or otherwise.

By publishing by your own means and/or submitting Content to StickyWire for inclusion on your Website, you grant StickyWire a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, StickyWire will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, StickyWire has the right (though not the obligation) to, in StickyWire’s sole discretion (i) refuse or remove any content that, in StickyWire’s reasonable opinion, violates any StickyWire policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in StickyWire’s sole discretion. StickyWire will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.

• General Terms.

Optional paid services such as extra storage, domain purchases, or VIP hosting may be or become available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay StickyWire the monthly or annual subscription fees indicated for that service (additional payment terms specifically for enhanced services are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable. You are not obligated to accept services deemed by StickyWire as optional (“Optional Service”).

• Automatic Renewal.

Unless you notify StickyWire before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard or by advising StickyWire by email to the address provided herein with such advisement becoming effective from the date that StickyWire acknowledges receipt of the email.

4. Enhanced Services.

• Fees; Payment. By signing up for Enhanced Services (that may be declared in the future by StickyWire) you agree to pay StickyWire the setup fees and monthly hosting fees indicated at [URL] in exchange for the services listed at [URL]. Applicable fees will be invoiced starting from the day your Enhanced Services are established and in advance of using such services. StickyWire reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Enhanced Services can be canceled by you at anytime on 30 days written notice to StickyWire via email to the address herein.

5. Responsibility of Website Visitors. StickyWire has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, StickyWire does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. StickyWire disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which StickyWire links, and that link to StickyWire.com. StickyWire does not have any control over those non StickyWire websites and webpages, and is not responsible for their contents or their use. By linking to a non- StickyWire website or webpage, StickyWire does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. StickyWire disclaims any responsibility for any harm resulting from your use of non- StickyWire websites and webpages.

7. Copyright Infringement. As StickyWire asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by StickyWire violates your copyright, you are encouraged to notify StickyWire at the contact information below. StickyWire will terminate a visitor’s access to and use of the Website if, under appropriate circumstances in our sole discretion, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of StickyWire or others. In the case of such termination, StickyWire will have no obligation to provide a refund of any amounts previously paid to StickyWire.

8. Intellectual Property. This Agreement does not transfer from StickyWire to you any StickyWire or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with StickyWire. StickyWire, the StickyWire logo, and all other trademarks, service marks, graphics and logos used in connection with StickyWire, or the Website are trademarks or registered trademarks of StickyWire or StickyWire’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any StickyWire or third-party trademarks.

9. Changes. StickyWire reserves the right to change or modify any of the terms and conditions contained in this Agreement, or any policy or guideline of the Website, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation, and you will be refunded the unused portion of any fees paid by you for use of the Website from the time of your cancellation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Website, and your continued use of the Website after such time will constitute your acceptance of such changes or modifications. You should from time to time review this Agreement and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Website. The Agreement will always show a change log at the bottom. If you do not agree to any amended Agreement, you must stop using the Website. If you have any questions about the Agreement, please email us at the contact address below. StickyWire may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement, as amended from time to time.

10. Termination. StickyWire may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your StickyWire account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an Enhanced Services account, such account can only be terminated by StickyWire if you materially breach this Agreement and fail to cure such breach within thirty (30) days from StickyWire’s notice to you thereof; provided that, StickyWire can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties. The Website is provided “as is”. StickyWire and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither StickyWire nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

12. Limitation of Liability. In no event will StickyWire, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any indirect, special, incidental or consequential damages or damages for economic loss or lost revenue or profits; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to StickyWire under this agreement during the twelve (12) month period prior to the cause of action. StickyWire shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the StickyWire Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification. You agree to indemnify and hold harmless StickyWire, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

15. Miscellaneous. This Agreement constitutes the entire agreement between StickyWire and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of StickyWire, or by the posting by StickyWire of a revised version in accordance with this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the State of _______________ or Province of _______________ and the federal laws of the United States or Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The proper venue for any disputes arising out of or relating to any of the same will be courts situated in the City of ______________, (State), U.S.A., or the City of Toronto, Province of Ontario, Canada and you submit to the jurisdiction of such courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; StickyWire may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, have been and shall be drawn up in the English language only. If you have any questions regarding this Agreement or your use of the Website, please contact us here:

[Insert contact details]

Current version originally published [insert date]

 

 

2. Fees and Charges (for Advertisers)

StickyWire accepts payment for the Service by credit card only. You must provide StickyWire with current, valid credit card account information at the time that You first subscribe to the Service. StickyWire will then bill your credit card the total due for the current period, and then bill you at the expiration of each term thereafter on your renewal date. Cancellation of the Service during the Initial Period is non-refundable.

Unless the Service is terminated by You or StickyWire as further provided in this Agreement, You agree to pay and authorize StickyWire to charge the credit card You provided in the amount of the then-current term of your subscription cost for the Service on the renewal date of every period following the Initial Period. All Term Accounts renew at the end of their 1-month term.

3. Termination

After the Initial Term, You may terminate your Account and this Agreement at any time by emailing StickyWire at support@stickywire.com. StickyWire will provide an e-mail confirmation of your cancellation to the address You designated when subscribing to the Service. StickyWire does not accept cancellation by phone, fax or any other means, regardless of whether such cancellation is actually received by StickyWire. Your cancellation will be effective on the first day following the expiration of your current term immediately preceding receipt of your notice of cancellation is provided herein. StickyWire will not issue prorated refunds. In the event that you fail to make any payment when due, a transaction on a credit card you provide is denied by the issuer, or You undertake any action or omission in breach or contravention of this Agreement, StickyWire may immediately and without notice terminate this Agreement with You.

4. Intellectual Property Ownership

All information and content contained on or in any of the StickyWire websites, including but not limited to text, images, video, audio and data are owned by and proprietary to StickyWire, its vendors and/or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to StickyWire, its vendors and/or licensors. Except as otherwise specifically stated in this Agreement, You may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of this website. Any unauthorized use by you may subject you to penalties or damages. StickyWire will enforce its intellectual property rights to the full extent of the law. Your subscription to the Service is for your own use, and any sharing of your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.

5. Use of StickyWire.com (ALL USERS)

A user may not use StickyWire for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the StickyWire web sites or any of its content for competitive reasons nor may you resell or redistribute StickyWire content without prior express written consent of management at StickyWire. The user of the StickyWire websites may not attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the StickyWire web sites, any data or content found on or accessed through the StickyWire web sites without prior express written consent of management at StickyWire. You may not use the StickyWire web sites to obtain or attempt to obtain through any means any materials or information on the StickyWire web sites that has not been intentionally made publicly available either by public display on the StickyWire web sites or through accessibility by a visible link on the StickyWire web sites. You may not use the StickyWire web sites in a manner that would violate the security of the StickyWire web sites or attempt to gain unauthorized access to the StickyWire web sites, data, materials, information, computer systems or networks connected to any server associated with the StickyWire web sites, through hacking, password mining or any other means. The user of the StickyWire web sites may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. The user of the StickyWire web sites may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the StickyWire web sites, any activities conducted on or through the StickyWire web sites or any servers or networks connected to the StickyWire web sites, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the StickyWire web sites. StickyWire reserves the right to limit the number of projects, contacts and companies that can be viewed during any given time period. StickyWire reserves the right to validate business authenticity as needed or required to support proper use of the StickyWire product.

6. Digital Millennium Copyright Act

If you believe that information or content contained of this website infringes on your copyright, please notify the copyright agent.

7. Cookie Disclosure What's a cookie?

A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Using StickyWire In order to access StickyWire websites successfully, your browser must be set to "accept all cookies." If you set your browser to "not accept" any cookies, you will not be able to use StickyWire websites to their fullest extent. A subscriber is limited to (2) two cookies per user account and thus may use StickyWire on two (2) devices such as a home computer and a computer at the office. This feature is not for sharing your account but is for your convenience. Please see the Intellectual Property section in our Terms of Service for policies concerning the sharing of account information. Why do we use cookies?

 

StickyWire uses cookies to check our database to verify your subscription so you can gain access. By setting a cookie on our site, users would not have to log in a password more than once, thereby saving time while on our site. We also use cookies to save your preferences. Without cookie technology, we would not be able to offer you convenient features such as your saved preferences and searches.

Deleting cookies means that you may be locked out of your account and lose your preferences. There are a number of software and shareware programs available that are designed to periodically purge cookie files from your hard disk. We do not recommend these applications and, as such, cannot address any resulting support issues that may be related to the use of these programs.

7. No Confidentiality or Use of Limitations for Submitted Information

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 StickyWire for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if StickyWire 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.

8. Secure Server Pages, Online Application Pages

Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. StickyWire appreciates the importance of providing a secure environment on its website for the purpose of providing credit card information to process orders and applications, and will take all reasonable and customary steps to protect the information You provide. Please use all means to protect your personal information, particularly if you are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed. Applications submitted on this website are considered "pending acceptance and approval" and are not complete until a confirmation of approval and acceptance has been sent by StickyWire. In the event an application cannot be accepted, any payment made shall be refunded or credited to the credit card account within a reasonable period.

 

9. Use of the Site at Own Risk

You acknowledge and agree that your use of the website and of the Service is at your own risk and that neither StickyWire 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.

10. No Warranty of Accuracy of Information

You acknowledge and agree that while StickyWire will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, and other information contained in the StickyWire websites are based upon current information, StickyWire cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy.

ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

11. Indemnification

You agree to indemnify and hold harmless StickyWire, 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 StickyWire or on this website.

12. Unlawful Content and Behavior

You acknowledge and agree that you will not post or transmit to this website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that StickyWire or other parties may be involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, StickyWire assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

13. Links to Other Websites

You acknowledge and agree that although this website may be linked to other websites, StickyWire neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in this website. StickyWire has not reviewed all websites linked to this website, is not responsible for the content of any other website linked to this website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by You to any other websites is at your own risk.

14. Application of Laws

You acknowledge and agree that although the information and materials on the StickyWire websites may be read throughout the world, this website is designed and intended for use in the United States and use of this website by You will be construed and evaluated according to the laws of the United States. If You access this website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where You access the website, the information is not meant for You. StickyWire makes no representation that the information and materials contained in this website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or your other use of this website or the Service, the laws of the State of Florida in Lee County shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the State of Florida and further agree that the courts of Lee County, Florida shall be the exclusive venue for the resolution of any dispute between StickyWire and You.

15. Entire Agreement

This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.

16. No Waivers

No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of StickyWire.

17. Severability

If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.

 

If you have any questions, comments, or suggestions about these Legal Notices, please email us at support@StickyWire.com.

18. Intended Use and Function

StickyWire.com provides consumers with listings, descriptions and ways to access reliable, reputable providers of services and products. This service is free to consumers.

StickyWire.com provides suppliers of services and goods with opportunities to place their businesses before many consumers. Providers of goods and services are charged fees, at any of three membership levels, for the services of StickyWire.com.

It is the mission of StickyWire.com to protect consumers and to promote the most honest and capable suppliers of consumer goods and services in the United States and Canada.

We accept applications for membership from providers who are dedicated to integrity, reliability and quality. Providers can be distributors, dealers, chain, franchise and independent retailers of home improvement products and services. We also accept free memberships of consumers who wish to leave comments or reviews of a particular provider.

StickyWire.com membership requirements are planned to give consumers the highest possible level of confidence and comfort in the providers they choose to supply services and products across a broad range of categories.

Prospective members must be able to present to StickyWire.com proof of their business experience and expertise, in the way of licenses, bonding, insurance, certifications and/or other documentation appropriate to their business categories. Members must agree to be rated by consumers and to the publication of all ratings.

In return, StickyWire.com agrees to issue a membership to a prospective member who satisfies the above requirements, providing the provider operates within accepted categories and documentation can be verified by the StickyWire.com team.

StickyWire.com agrees to represent each member in a manner consistent with its membership level and to the best of its ability. StickyWire.com will represent the member in a fair and reasonable way when dealing with consumer complaints and disputes and will explain the member’s position to the consumer accurately and fairly as part of these processes. While StickyWire.com will not replace the member’s own marketing and sales efforts and its complaints and dispute resolution processes, it will provide each member with a superlative level of credibility inStickyWire.com – supporting the integrity, reliability and expertise of your industry and your company in your local marketplace.

19. Ratings, Complaints and Dispute Resolution

StickyWire.com maintains a rating system for service and product suppliers. StickyWire accepts complaints from consumers and attempts to rectify claimed product and service deficiencies through contacts with its listing members. StickyWire maintains a dispute resolution practice which is free to consumers and suppliers.

Ratings

Consumers of services and products which appear on the StickyWire.com web site are invited to rate suppliers.

Ratings are: Excellent; Good; Adequate; Unsatisfactory; Poor.

To merit an Excellent rating, the supplier will have delivered:

Reliability: the supplier came to the project on time and completed stages and the project as per schedule, allowing for unpredictable delays such as weather, specification changes, etc. The supplier was properly insurance, bonded and licensed to do all the work contracted.

Quality: the supplier delivered work of or above the quality promised or anticipated by the consumer.

Integrity: the supplier carried out the service or delivered goods in keeping with claimed skill and experience levels as well as the project budget, and received all mandated permits, permissions and inspections consistent with the scope of the work and all applicable laws.

Personal touch: the supplier was easy to work with, open to suggestion and instruction, fair and reasonable in work, clean and orderly, and, in general delivered a pleasant and productive experienceto the consumer.

To merit a Poor rating, the supplier will have delivered:

Reliability: the supplier came to the project late and departed from the project’s schedule during stages and completion, allowing for unpredictable delays such as weather, specification changes, etc. The supplier was not properly insurance, bonded and licensed to do all the work contracted.

Quality: the supplier delivered work vastly inferior to the quality promised or anticipated by the consumer.

Integrity: the supplier carried out the service or delivered goods with considerable or complete disregard of claimed skill and experience levels and went considerably above the project budget. The supplier failed to or refused to receive all mandated permits, permissions and inspections consistent with the scope of the work and all applicable laws.

Personal touch: the supplier was difficult or impossible to work with, refused or ignored suggestion and instruction, was consistenly unfair and unreasonable in work, untidy and disorganized, and, in general delivered a poor and unproductive experience to the consumer.

Complaints

StickyWire.com will accept complaints from any site visitor who has used or attempted to use produces and/or services from any supplier mentioned in any way on the StickyWire.com web site.  

StickyWire will contact the listing member and request rectification of the complaint or an explanation of the action that caused the complaint to be lodged. StickyWire may accept the explanation of the supplier as being fair and reasonable. StickyWire will not inform the complainant of the actions taken by StickyWire on his or her behalf.  Instead, StickyWire will require that the complainant and the listing member rectify the matter and/or complaint with each other.

Dispute Resolution

StickyWire.com operates a Dispute Resolution practice.  StickyWire Site Operator staff will speak with the supplier on behalf of the consumer and will attempt to resolve points of the dispute between the supplier and customer. Ultimately, it is the responsibility of the listing member and the complainant to resolve matters and/or complaints directly with each other. StickyWire reserves the right to terminate the supplier’s appearance on the StickyWire web site and to return the unused portion of the supplier’s fee to StickyWire. StickyWire reserves the right to identify all terminated suppliers in any manner StickyWire deems suitable.

20. Disclaimer

StickyWire.com lists and describes service and product providers to potential customers of these providers. StickyWire.com invites consumers to rate service and product provider’s performance based on the consumer’s use. StickyWire.com attempts to influence favorable outcomes of relations between providers and customers through complaints and dispute resolution practices.

StickyWire.com does not monitor, oversee, approve, certify or otherwise warrant the performance, work, schedules, budgets, compliance with legal requirements or other elements of the deliverables of any provider. StickyWire.com is not responsible for the return of monies or other valuables or for any other restitution claimed by or promised by a provider to a consumer.

StickyWire.com is not responsible for the costs of any action taken by a consumer against a provider or a provider against a consumer or for any legally required payment or other liability owed by any provider or consumer as a result of a transaction influenced by content on the StickyWire.com web site. StickyWire.com maintains the right to contract with and terminate obligations to any service or good provider without reservation and to identify any service or goods provider as having been terminated from the StickyWire.com web site.

21. Security Obligations

StickyWire.com will maintain and protect the security of all transactions and personal data in compliance with existing laws in jurisdictions in which it has members or in which consumers reside who use the services of the StickyWire.com web site.

22. StickyWire.com Code of Ethics

StickyWire.com fights for a secure and fair marketplace that benefits consumers and suppliers.

We celebrate keen, open, honest competition. It enables consumers to get the best in services and products at reasonable prices. It builds a healthier marketplace where consumer needs and desires are top priorities and their delivery the major engine of success for suppliers.

StickyWire defends integrity in the marketplace, where all transactions are made in an atmosphere of competence with respect and courtesy from both suppliers and consumers. Products and services must be advertised clearly and promoted without any attempt to mislead. Promises made about performance and quality must be promises kept. Contracts must be written in clear, direct language with no unreasonable or unfair restrictions that attempt to avoid responsibility.

23. Prohibited Uses

BY USING THIS WEBSITE, YOU AGREE NOT TO:
a. Use any false or inaccurate information for purposes of registering as a user of this website;
b. Delete or revise any material or other information of any other user, advertiser, or StickyWire;
c. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
d. Take any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure or server;
e. Use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site;
f. Use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than (i) the search agents available from StickyWire and (ii) generally available third party web browsers
g. Allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
h. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.

YOU FURTHER AGREE NOT TO VIOLATE OR ATTEMPT TO VIOLATE THE SECURITY OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ACTIONS SUCH AS:
a. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing," or "crashing," this website;
d. Sending unsolicited e-mail, including promotions and/or advertising of products or services; or
e. Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

24. Limitation of Liability

While the administrators and editors of this directory will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every link. Therefore you acknowledge that all links submitted to this link directory express the views and opinions of the submitter and not the administrators, editors or webmaster (except for posts by these people) and hence will not be held liable.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other links and/or material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all submitted links is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and editors of this link directory have the right to remove, edit or move any link at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and editors cannot be held responsible for any cracking attempt that may lead to the data being compromised.

This directory uses sessions to store information. These do not contain any of the information you have entered above; they serve only to improve your viewing and submit pleasure. The e-mail address is used only for confirming your registration details and password (and for sending new passwords should you forget your current one).