Contract Smart Terms and Conditions of Service

Overview
Welcome to Contract Smart, we are glad to have you as part of our service. Contract Smart, and this website ("Site") are offered for your use subject to your acceptance, without modification, of the following Terms and Conditions of Service ("Terms and Conditions"). Please read this document carefully; it contains important information about your rights and obligations.  We may change the Terms and Conditions of this Policy, so Users are encouraged to review this page from time to time. Your continued use of the Contract Smart Website, its products and services, without limitation,  following the posting of changes to the Policy means that you accept the changes.

Description of Services
Contract Smart is focused on providing online self-service products to Contractors and Property Owners in an effort to improve the level of professionalism, communication and efficiency in the residential and commercial contracting industries. By accessing and using the Contract Smart website and / or any of its products and services, you agree that you have read, understand and accept the Terms and Conditions below for any and all use of the Contract Smart Products and Services, including, but not limited to, the Contract Smart website(s), the Bid and Contract Management System, Bids, Contracts, Task Management and any Messaging Systems (collectively, "Contract Smart Products and Services").
You understand and agree that the Contract Smart Products and Services are provided "AS-IS" and that Contract Smart assumes no responsibility for the timeliness, non-delivery, or failure to transmit communications. You are responsible for obtaining access to the Contract Smart Products and Services, and that access may involve third-party fees. In addition, you must provide, and are responsible for, all equipment or software necessary to access the Contract Smart Products and Services.

Ownership and Intellectual Property
Contract Smart and/or its licensors are the sole owners of the Contract Smart Products and Services, which includes any software, domains, and content made available through it. The Contract Smart Products and Services are protected by U.S. and international copyright and other intellectual property laws.  The Contract Smart Products and Services are only for your own personal or commercial uses as  specifically authorized by Contract Smart. By virtue of these Terms and Conditions, Registered users that are classified as Trial or Member Contractors may distribute Contract Smart Products and Services to Property Owners who have solicited information for which Contract Smart’s Products and Services have been utilized by the Trial or Member Contractor to provide said information. Contract Smart is a subscription based service in which you are paying for the use of the service to create bid and contracts for individual projects.  All language in the contracts are considered Intellectual Property of Contract Smart, and may not be reused by you.  You must pay Contract Smart for each use of the contracts.  Except as for specifically allowed by these Terms and Conditions, you may not sell, export, license, copy, modify, adapt, reverse engineer, decompile, distribute, or transmit the Contract Smart Products and Services without our prior express written permission.   
Contract Smart, and other marks, graphics, logos, icons and service names related to the Contract Smart Products and Services are registered and unregistered trademarks of Contract Smart Inc. They may not be used without Contract Smart's prior express written permission. All other trademarks not owned by Contract Smart that appear in connection with the Contract Smart Products and Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Contract Smart, Inc.

Eligibility of Use
In consideration of your use of the Contract Smart Products and Services, you represent that you are of legal age to form a binding contract and are not barred from receiving the Contract Smart’s Products and Services under the laws of the United States or other applicable jurisdiction. You must be at least 18 years old to be eligible to use the Contract Smart Products and  Services. However, if you are at least 13 years old, but not yet 18 years old, you may use the Contract Smart Products and Services only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not use Contract Smart’s Products or Services.

General Use and Conduct
You may only use the Contract Smart Products and Services as specifically allowed for by these Terms and Conditions. By using the Contract Smart Products and Services, you agree not to transmit materials through Contract Smart that contain viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment or system. You also agree not to interfere with the servers or networks connected to the Contract Smart Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Contract Smart Products and Services. You also agree not to: (1) assume the identity of any individual other than yourself; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Contract Smart Products and Services; (3) resell or export the software associated with the Contract Smart Products and Services.
You also acknowledge, consent and agree that Contract Smart may access, preserve and disclose your account information and correspondence if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Contract Smart, its users and the general public.
Access to certain Contract Smart Products and Services is limited to Contract Smart Registered Users (i.e., persons who have provided us with the user information requested in our registration form). You represent and warrant that you will take all reasonable precautions to preserve the privacy of your personal login information and to prevent its unauthorized use. You acknowledge and agree that you will be responsible for all fees, charges, duties, taxes, and other amounts that may be imposed with respect to the use of the Contract Smart Products and Services by you or by any other person using your personal login information.
Contract Smart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Contract Smart Products and Services (or any part thereof) with or without notice. You agree that Contract Smart shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Contract Smart Products and Services.
Contract Smart does not promote, recommend, or condone use of Contract Smart Services during certain activities, such as automobile driving, where there is a significant risk of accident or injury to yourself and others. You agree not to use the Contract Smart Products and Services during such activities.

Third Party Offers
Contract Smart Services may contain hyperlinks, framing, or other click-thru access to third party web sites or programs that are not controlled by or affiliated with Contract Smart. The availability of click-thru access to these third party sites is not intended to create or imply any affiliation between us and the owners or operators of any third party site, or any sponsorship by us of any third party site or its owners or operators. Contract Smart is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. Your dealings with third party sites are solely between you and the applicable third party.

User Submissions and Feedback
With respect to any design, idea, concept, suggestion, or other information you communicate to Contract Smart, electronically, telephonically, in writing, or otherwise ("Submissions"), you automatically, and without further action, grant to Contract Smart a royalty-free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, publish, display, distribute, transmit, transfer, modify, adapt, perform, license, sell, create derive works from, decompile, disassemble, and reverse engineer that Submission, or any part of that Submission, in whole or in part, for any purpose, and in any form, medium, or technology.

Code of Ethics
Contractors using Contract Smart services agree to abide by the following Code of Ethics:
1) The Member Contractor will only bid on and perform work that the Member Contractor or its Subcontractors are qualified to perform.
2) The Member Contractor and its Subcontractors will perform work in a manner consistent with the terms of the Contract.
3) The Member Contractor will be responsive, professional and courteous to Property Owners. 
4) The Member Contractor will fully disclose all reasonably foreseeable risks and costs associated with the materials and services provided to Property Owners.
Contract Smart, Inc., at its sole discretion, reserves the right to cancel a Contractor’s membership at anytime and for any reason, including, but not limited to, failure to  abide by the  Code of Ethics. 

Charges for Using Contract Smart Services
The Contract Smart Products and Services are sold via an e-commerce system.  All payment is handled by a third party credit card processor, Authorize.net. a CyberSource solution.  Contract Smart does not store your credit card information on our servers.  All questions and concerns should be directed to http://www.authorize.net/support/knowledgebase/

Return, Refund, Cancel and Changes of Subscriptions
Due to the instant use and customizable nature of  the Contract Smart Products and Services, we do not offer refunds except in special situations.  Please contact us if you have specific questions before making a purchase. If you select a recurring subscription to use our services you credit card will be charged on an “Anniversary Date” each month for the amount of your current subscription option.  The Anniversary Date is the date that you initiated a subscription option and accepted these Terms and Conditions.  If you upgrade or downgrade your service, your Anniversary Date will not change, unless you change your account to the “Single Bid & Contract” option, in which case you will no longer have an Anniversary Date, and will purchase Single Bids and Contracts one at a time.  If you upgrade to a more expensive subscription, the difference in price will be charged immediately, and the price of the new subscription option will be charged on your next Anniversary Date.  If you downgrade to a less expensive subscription option, you will not receive a refund, however the new subscription amount will be charged on your next Anniversary Date.  Contract Smart will not let you proceed with a purchase or subscription without asking you to accept these Terms and Conditions.  A record of your acceptance is recorded and e-mailed to your account on file. 

Indemnification
You agree to indemnify and hold Contract Smart and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Contract Smart Products and Services or your violation of any law or the rights of any third party.

Disclaimer of Representations and Warranties
You expressly understand and agree that: your use of the services is at your sole risk. This site and its contents are provided on an "as is" and "as available" basis. Contract Smart and its affiliates, subsidiaries, officers, employees, agents, partners and licensors expressly disclaim any representation or warranty of any kind whether express or implied, regarding the website, the Contract Smart products and services , and any other site to which this site provides click-thru access, including third party sites, or their respective contents. Without limiting the generality of the foregoing, Contract Smartt disclaims any implied representation or warranty of title, non-infringement, merchantability, accuracy, completeness, or fitness for a particular purpose regarding this site and service, any site to which this site provides click-thru access, including third party sites, or any of their respective contents. Some states do not allow the exclusion of implied warranties so the foregoing disclaimer may not apply to you. Contract Smart and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the services will meet your expectations; and (v) any errors in the software will be corrected.

Disclaimer of Liability
In no event will Contract Smart be liable under any theory of contract, negligence, strict liability, or other legal or equitable theory for any injury, loss, or damage of any kind arising in connection with the use of this site, the Contract Smart products or services or any site to which we provide click-thru access, even if Contract Smart has been advised of the possibility of such injury, loss, or damage. Without limiting the generality of the foregoing, Contract Smart will not be liable for any direct, incidental, punitive, special, or consequential damages arising in connection with: (1) the denial or interruption of access to this site or the Contract Smart products and services, any site to which we provide click-thru access, or any of their respective components, (2) any inaccuracies in any of the information displayed on this site, product or any site to which we provide click-thru access, (3) the purchase or use of any product or service purchased on this site or any site to which we provide click-thru access, including any defect in any such product or service, or (4) any other use of this site, any site to which we provide click-thru access. Some states do not allow the exclusion or limitation of damages so the foregoing disclaimer may not apply to you.
The Contract Smart Products and Services available on the sites or products are provided "as is" without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. in no event shall Contract Smart, Inc. or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the Contract Smart products and services, even if Contract Smart, Inc. has been advised of the possibility of such damages.
Each user of this system assumes all responsibility and risk for the use of the Contract Smart Products and Services. Contract Smart and its partners and affiliates do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any material on the sites or the Contract Smart Products and Services.  Contract Smart, Inc. will not be liable for any compensatory, special, direct, incidental, indirect, consequential damages, exemplary damages or any other damages resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the Contract Smart Products , however caused, whether for breach of contract, warranty, negligence, or otherwise, and whether or not the user  has been advised of the possibility of such damage.
Each user of this system is solely responsible for ensuring the accuracy of the contract language, terms, dates, and personal information in all of the Contract Smart Contracts and products.  Contract Smart, Inc. will not be held responsible for the accuracy, completeness, or usefulness of the contract or any of its Products and Services.
If, notwithstanding the foregoing, Contract Smart or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this site or its content, as described herein, the liability of Contract Smart and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site and Contract Smart’s Products and Services, or (b) $100.00 (US).

Legal Information
Contract Smart provides Legal Information which is not legal advice. Legal information informs you of the law and your rights but does not advise you what course of action to take for your situation. Legal advice is what licensed attorneys provide. Legal information on this site includes, but may not be limited to, Contract Smart Construction Contracts. If you are in need of legal advice, we suggest that you consult an attorney.  The products and services offered by Contract Smart, Inc. are not a substitute for the advice of an attorney.
By ordering a Contract Smart construction contract and by using the Contract Smart Products and Services, you are granted a non-exclusive license and you agree that the contract may only be as allowed for by these Terms and Conditions. For contracts and forms which contain a copyright notice, the notice shall not be removed from the materials at any time.
Every Contract Smart construction contract is personalized and password protected, and you agree not to share this password with others. You also agree that each Contract Smart construction contract will be used only once. You must purchase a new Contract Smart construction contract for each new construction project.

Legal Disclaimer for Contractors
Contract Smart provides an online portal to individuals who choose to prepare their own legal documents for the purpose of managing contract-based improvements to their real property or to the real property of others.  Contract Smart is not a law firm, and the principals, managers, employees or affiliates of Contract Smart are not acting as an attorney for its Member Contractors, their Clients or any other user of Contract Smart’s Products and Services. 
Since Contract Smart is not a law firm, neither Contract Smart nor any of its principals, managers, employees or affiliates are permitted to engage in the practice of law. Since it is not a law firm, and the principals, managers, employees or affiliates of Contract Smart are not acting as an attorney for anyone who uses its products and services, Contract Smart and its principals, managers, employees or affiliates are prohibited from providing any kind of advice, opinion or recommendation to any user of its products and services about possible legal rights, claims, remedies, defenses, options, or strategies related thereto.  Additionally, Contract Smart's Products and Services, which include, but may not be limited to, its Bid and Contract Management System, are not a substitute for the advice of an attorney. 
This site is not intended to create an attorney-client relationship, and by using Contract Smart, no attorney-client relationship will be created with Contract Smart. As such, you are representing yourself in any legal matter you undertake through the use of Contract Smart’s Products and Services, including, but not limited to, its Bid and and Contract Management System. Therefore, if you need legal advice for your specific situation, or if your specific situation is too complex to be addressed by our Products and Services, you should consult a licensed attorney in your area. 
Contract Smart cannot provide legal advice; rather, it can only provide self-help services at your specific direction and within the constraints of the Contract Smart Software. At no time do we review your documents for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. 
Although Contract Smart makes every reasonable effort to ensure that the information on our website and documents are up-to-date and legally sufficient, the legal information on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, Contract Smart cannot guarantee that all the information on the site is completely current.  
The Contract Smart website and some of the articles on this site may contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Contract Smart sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. 
Contract Smart is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. Therefore, please use the site and our Products and Services at your own risk. 

Legal Disclaimer for Property Owners
Contract Smart’s Mission is to promote professionalism, communication, efficiency within the Contractor industry. However, Contract Smart provides no guarantee or assurances regarding any Member Contractor’s ability to complete contracted work to your satisfaction.  It is your sole responsibility to determine whether or not a Contract Smart Member Contractor is qualified to complete your project in an acceptable manner and whether or not the Contract Smart Contract is appropriate for your project.
Contract Smart is not a mediator and accepts no responsibility for the resolution of any issue between you and a Member Contractor.  If you’d like to review your formal rights for resolving an outstanding issue with a Contract Smart Member Contractor that you have a Contract Smart Contract with, please see the Conflict Resolution section of your Contract Smart Contract.

Governing Law and Disputes
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to the principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Adams County in the State of Colorado, United States of America, with respect to all disputes arising out of or relating to the use of this Site or these Terms and Conditions. 

Copyright and Trademark Notices
This Site, the Contract Smart Products and Services, and all Content are Copyrighted 2010 Contract Smart, Inc., and/or third party product or service providers.  Reproduction, in whole, or in part, of the sites or the products, is strictly prohibited. "Contract Smart" and other names and designations of Contract Smart or any of its products or services referenced on this Site are each service marks or trademarks (or registered service marks or trademarks) of Contract Smart Inc., 4671 West 109th Place, Westminster, CO 80031. Other company names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in this Site and the content are reserved to Contract Smart.

Modification and Acceptance of Terms and Conditions
You acknowledge that your use of this Site, Contract Smart Services and Products constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by Contract Smart at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.

Entire Agreement
These Terms and Conditions, as modified from time to time by Contract Smart and accepted by you in accordance with the provisions of the preceding paragraph, constitute the entire agreement between you and Contract Smart with respect to your use of the Contract Smart  website, the Contract Smart Products and Services, and any related content. In any proceeding to settle a dispute between you and Contract Smart regarding your use of the Contract Smart Website, the Contract Smart Products or the content contained therein, or regarding these Terms and Conditions, as modified, if applicable, a printed version of these Terms and Conditions, as modified, if applicable, and of any electronic notice given by us to you, will be admissible to the same extent as other documents and communications originally generated or maintained in printed form.

Other Rights and Restrictions
(1) You may not assign, transfer, subcontract or delegate any of your rights, duties or obligations under these Terms and Conditions. (2) We reserve all rights relating to the website, Contract Smart Products and Services, or to the Content not expressly granted to Contract Smart by these Terms and Conditions. (3) If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. (4) Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision. These Terms and Conditions set forth the entire understanding and agreement between you and Contract Smart with respect to the subject matter hereof. (5) Contract Smart may at any time, in its exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site, Service, or any other Content.

Contact Us
You may write us at the address below, or for faster communication, please use our electronic contact form.
Contract Smart, Inc.
4671 West 109th Place
Westminster, Colorado 80031http://%22Contact_Us.htmlshapeimage_1_link_0shapeimage_1_link_1