Terms of Service February 11, 2010 ACCEPTANCE THROUGH USE ContractorAvenue.com is owned and operated by Datamax, Inc. By using the ContractorAvenue.com site ("ContractorAvenue.com"), which includes any subsidiary websites including AlternativeEnergyContractors.net, GreenPowerContractors.com, and TurbinePower.net, and possibly other similar "alias" names, you signify your agreement to the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), according to this schedule of applicability: Sections 1 through 9 and section 14 apply to everyone. Sections 10 through 13 apply only to contractors who create an account with us. 1. Not an Agent ContractorAvenue.com is a service for Individuals or Businesses to advertise their contracting business, and for consumers to shop. We are not involved in any transaction between any party who uses our service. We have no control over the parties who use this service, nor the goods and/or services they might sell and buy. We are not responsible for whether or not involved parties complete a transaction. We are not an agent or agency of any party using this service. 2. Not an Attorney Neither ContractorAvenue.com nor Datamax, Inc. are attorneys at law. If you have any questions regarding advertising on this site, or engaging the services of a contractor, please consult with an attorney. 3. Disclaimer of Endorsement The inclusion of any specific contractor in the ContractorAvenue.com directory or the development and/or hosting of a website by ContractorAvenue.com for any specific contractor does not constitute or imply its endorsement, recommendation, or favoring by ContractorAvenue.com. 4. Disclaimer for External Links ContractorAvenue.com is not responsible for the contents of any external pages linked to from ContractorAvenue.com. 5. Data mining / harvesting Information exposed through ContractorAvenue.com is strictly for the consumption of the general public and businesses for the purpose of locating contractors for premise improvement, maintenance, or repair purposes, and the like, for general browsing purposes, and for contractors to browse or post new accounts and/or listings. Any use of the web site for data mining or harvesting of the content herein, whether done through manual or automated means, except by bonified search engines, is strictly prohibited. 6. Disclosure of Information ContractorAvenue.com reserves the right at all times to disclose any information necessary to satisfy any applicable request from governmental and/or law enforcement agencies concerning your use of ContractorAvenue.com. 7. Contact Information Contact information in listings is solely for the purpose of contacting the listing contractor with questions directly related to their contracting business. Any other use of contact information provided through the web site, including commercial solicitation, is strictly prohibited. 8. Disclaimer of Warranty, Limitation of Liability, and Indemnification ALL MATERIALS AND INFORMATION AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONTRACTORAVENUE.COM AND DATAMAX, INC. DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. UNDER NO CIRCUMSTANCES SHALL EITHER CONTRACTORAVENUE.COM OR DATAMAX, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES EVEN IF CONTRACTORAVENUE.COM OR DATAMAX, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CONTRACTORAVENUE.COM AND DATAMAX, INC. SHALL NOT IN ANY EVENT BE LIABLE TO ANY PURCHASER OF ADVERTISING SERVICES ON CONTRACTORAVENUE.COM FOR MORE THAN THE ACTUAL AMOUNT PAID BY THE PURCHASER OF ADVERTISING SERVICES. Upon a request by Datamax, Inc. or ContractorAvenue.com, you agree to defend, indemnify, and hold harmless Datamax, Inc. or ContractorAvenue.com and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. 9. Disclaimer of Duty to Continue Provision of Data Due to the constantly changing nature of the Internet, services that are free and publicly available at one time may require a fee at a later time, and the location of items may change as ContractorAvenue.com may be reorganized from time to time. You expressly agree that use of ContractorAvenue.com is at your sole risk. ContractorAvenue.com does not warrant that the service will be uninterrupted or error free. ContractorAvenue.com could contain technical inaccuracies or typographical errors. ContractorAvenue.com may make improvements and/or changes in its information and/or Annual Member Plan plan offerings at any time. In the event of changes in Annual Member Plan plan offerings, current customers of ContractorAvenue.com will retain their existing plan terms for the duration of their one year Plan, and ContractorAvenue.com will notify customer with 30 days of the end of their one year Plan of any upcoming changes in Annual Member Plan offerings. 10. Eligibility to create an account and post a listing If you post an listing on ContractorAvenue.com you warrant that: All information you supply to ContractorAvenue.com is true and accurate, to the best of your knowledge. You are eighteen years of age or older, and are the authorized representative of the company or person you are creating the account for. You, or any entity you directly or indirectly represent, are not, at the sole discretion of ContractorAvenue.com, competing with ContractorAvenue.com. The content of your listing will not reference any other web site besides ContractorAvenue.com and your own company web site. If you provide a URL for your company website, it must be an operational website and not a parked domain name, an "under construction" page, or the like. 11. Fees and Refunds The "Basic Annual Member Plan" is free for one year. Current fees for the "Folder Annual Member Plan" Or "Full Annual Member Plan" on ContractorAvenue.com may be viewed at by clicking here. There are no refunds other than described in "12. Member Account Duration, Termination, Modification of Terms of Service". 12. Member Account Duration, Termination, Modification of Terms of Service Your listing will remain on ContractorAvenue.com for up to 1 year, or until you deactivate it or terminate your account with us, or until it is terminated by us. Within 30 days of the end of an active 1-year membership, you may renew your account for another year at the terms available at that time. At our sole discretion, we may automatically and perennially renew active free listings for another year. ContractorAvenue.com reserves the right to terminate any member account at any time for failure to comply with these terms of service, in which case there is no refund for any time remaining on the member's annual account. ContractorAvenue.com also reserves the right to terminate any member account at any time and for any reason other than failure to comply with these terms of service, with a pro-rata refund to member of any unused prepaid hosting fees paid by member during the corresponding annual term. You may terminate your account at any time by deactivating all of your listings and emailing us that you are terminating your account. If you have paid any fees, no refunds are available. We reserve the right to modify these Terms of Service at any time. We will attempt to notify you once at least 14 days prior to the effective date of any change in terms by sending an email to the email address provided during account creation. If you are not satisfied with the change in terms, you may terminate your account according to the termination terms described in the prior paragraph. 13. Access To Your Account and Listing(s) When you place your first listing, you are given the opportunity to choose a user ID and password, so that you may maintain it online at your convenience. For security purposes, YOU AGREE TO CHOOSE A USERID AND PASSWORD THAT ARE UNIQUE TO YOUR USE OF THIS WEBSITE. For security purposes, all requests for reissuance of a lost password, and all contacts regarding your account in general, must be initiated through an email from the email address included in your account signup form. 14. Entire Agreement / Governing Body This agreement constitutes the entire agreement between you and ContractorAvenue.com. If any part of these Terms of Service is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Use of ContractorAvenue.com shall be governed by the laws of the State of Wisconsin. The laws of the State of Wisconsin shall apply to all uses of ContractorAvenue.com. By use of ContractorAvenue.com and any data contained therein, you agree that such use shall conform to all applicable laws and regulations and you shall not violate the rights of any third parties.