Last Updated January 10th, 2021

excavatingcontractorbakersfield.com and any of its affiliates (collectively “excavatingcontractorbakersfield.com"

“we,” or “us”) operates an online marketplace for connecting users (a “User” or “you”) with relevant service providers in a geographic area (the “Services”), located at excavatingcontractorbakersfield.com or at any affiliated web location (collectively, “Websites”). All Users of Websites are subject to the following terms and conditions (collectively, the “Terms”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITES OR ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICES. USE OF THE SERVICES ARE EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS.

Use of Services

You may use the Websites and Services solely for the purpose of connecting to service providers.  By accessing a Website, you agree and acknowledge that you are in need of a Service and are requesting to be contacted. Services may not be used to solicit service professionals for any other purpose including marketing or advertising purposes. You agree to not use our Websites or Services for spamming, jamming, content scraping, infiltrating, advertising, marketing, fraud, or hacking. You may not use our Services or Websites with the intent to harass us, our users, or any third party; to commit any kind of fraud; to intend to cause any harm to us, our users, or any third party; to instigate or participate in a denial of service attack or similar malicious attack directed at us, our users, or any third party; to infringe on the intellectual property rights of any party; or to violate any provision of law, rule, or regulation.

You may not use a Website or a Service if you are: (a) below the age of 18; (b) not of the legal age to form a binding contract in your jurisdiction; or (c) for any other reason are unable to enter into a binding contract.

At our sole discretion, we may disable your ability to use a Website and/or the Services if we believe you are using the Websites or Services for an improper purpose or are or have become unable to consent to these Terms.  These Terms are the only terms that govern the provision of the Services and comprise the entire agreement between the parties with respect to the provision of the Services.  Any terms and conditions proposed by you or contained in any document submitted by are null and void and of no effect.

If you do engage in any of these prohibited acts, we reserve the right to seek remedies for damages including but not limited to legal fees, repairs, and lost revenue, and to terminate your user account, if any, and your ability to access our Websites and Services.

Privacy Policy

In addition, when using the Website and/or the Services, you agree that you are subject to our Privacy Policy and any other guidelines or policies that may be posted on the excavatingcontractorbakersfield.com Website and are applicable to provision of the Services. The Privacy Policy and any other posted policies are hereby incorporated by reference into these terms.

Updates and Changes

Changes to Terms.  From time to time, we may, in our sole discretion, modify these Terms. The “Last Updated” date at the top of this page indicates when the latest modifications were made. By continuing to access and use the Websites and Services, you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review these Terms periodically and to check the “Last Updated” date for the most recent version.

If you do not agree with the Privacy Policy, any modification of the Terms or any other applicable policy, you must discontinue your usage of the Websites and/or Services. You may also request that your user account, if any, be deleted or permanently disabled, and that we remove any information we may be holding specific to your usage of the Websites or Services. Information regarding how to disable your user account and to contact us is contained on theexcavatingcontractorbakersfield.com Website.

Changes to Services or Websites.  From time to time, we may change the Services or the Websites. For example, we may modify, correct, amend, improve, alter, enhance, or make any other changes to the Websites and/or Services, including discontinuing, on a temporary or permanent basis the Websites and/or Services. These changes are at our sole discretion, and we may not notify you prior to changes that may directly impact or alter your usage of the Websites and Services. You agree that we have no liability to you or to any third party for any modifications, suspensions, or discontinuances of the Websites or our Services.

Information Provided To Us By You / TCPA Consent

When filling out our forms to request one or more Services you will be prompted to provide information about yourself such as first and last name, email address, phone number, street address, zip code, comments, desired services, etc. Some, if not all, of the information you provide will be sent to service professionals so they can respond to your service request. When you submit our forms or provide this information to us, you are giving us your consent and verification of your intention that you want to be contacted by us or/and service professionals and contractors who provide services via phone, text, fax, email, SMS messaging, or other means, at any of the contact numbers or addresses, even if you have previously or currently are listed on any federal Do Not Call List or other state, federal, city, county, or provincial list. This includes solicitations, notifications, appointments, scheduling, and follow ups for other purposes reasonably related to your service request including marketing related emails. You are also authorizing us to send you prerecorded automated calls confirming service requests. You may receive calls from up to four service professionals per service request to the landline or mobile phone number you provided. You understand that we may use prerecorded telephone technology including prerecorded messages that are autodialed to call you. Visit our privacy page for additional information about our privacy practices and policies. You acknowledge and agree that your actions to complete one or more service requests, submit our forms through a Website and/or or contacting us is an agreement by you to enter into a business relationship with us and to be contacted by us. You agree and acknowledge that inputting false information such as name, phone number, email address, address, and other info is a serious and fraudulent matter that could lead to damages and significant costs including invasion of privacy rights to us, our partners, consumers, and other innocent parties. These damages could include but aren’t limited to loss of revenue, legal fees, loss of time and effort, penalties, and other losses. In you intentionally or knowingly input false information into our forms including but not limited to the use of someone else’s name, email address, physical address, or phone number, or if you make up a random or fake name, email address, physical address, or phone number you agree to indemnify us and our partners and be liable to us and each of our service partners for all losses and damages incurred including, without limitation, direct, indirect, punitive and consequential damages, judicial fines, attorney and legal fees and expenses, regulatory fines, and any other penalties associated and arising from the intentional, harmful, and misleading fraudulent activity.

Indemnification

You agree to indemnify us, our employees, our partners, our officers, our agents, and our owners, and to defend and hold each of us harmless from any and all demands or claims including legal expenses and attorney fees made by any third party because of, arising from or relating to the use of the Services or the Websites, with regard to any disputes between you and service professionals or contractors, or your violation of any of these terms and conditions, or any claims arising from your violations of any rights of any third party.

Without impacting our rights as stated in this subsection, we reserve the right to assume the exclusive control of any matter subject to indemnification by you. Our assumption of this control does not excuse your indemnity obligations. You covenant that you will cooperate with assisting us in any way, and in asserting any available defense in such a situation. You agree not to settle any matter subject to indemnification by you without first obtaining our prior written consent.

Mandatory Arbitration

Any dispute between you and us relating to the Services or Websites must be resolved exclusively by binding arbitration through the American Arbitration Association or in small claims court in a competent jurisdiction. However, whether you choose arbitration or small claims court, you may not commence any type of class action, class arbitration or other representative actions or proceedings against us.

SMS Messaging

By filling in our forms and submitting information to us you acknowledge and agree that our partner service professionals may send you informational text messages, SMS messages as part of their normal business practices. You may choose to opt out from receiving these SMS messages at any time by texting STOP from the mobile device that is receiving the messages.

Call Recording

You agree and acknowledge that we may monitor and/or record any phone calls you make using the phone numbers listed on the Websites. We make no guarantees of the quality of the service professionals who may contact you. Our partners have their own requirements and may prescreen service professionals as they deem appropriate. Although most service professionals are completely legitimate, licensed, and certified in their trade, there is a chance that certain professionals could slip through the cracks, not have proper business licenses and filings, criminal background records searches, sex offender searches, identity verification such as social security numbers, legal searches for civil judgments, etc. Many of our partners pre-screen for some or all of these things but that screening is typically done at the beginning of verifying the service professional and doesn’t take into account anything that may have occurred negatively for that service professional after the initial screening procedures. Furthermore, for service professionals using corporate accounts such as employees, franchisees, dealers, and independent contractors those screening methods can be different or non-existent, meaning no screening at all.

Warranty Disclaimer

You understand that the sole function of the Services and Website is to connect you with a service provider.  We may not have a service professional to meet your needs.  We are not a party to any transaction you may enter into with a service provider.  We do not guarantee and specifically disclaim any warranty or representation relating to the work of any such service provider you may engage using the Services. Any disputes that arise between you and a service professional are between you and the service professional. We have no obligation to you in regards to your relationship between you and your service professional or the quality of work performed by the service professional, or any damages caused to you or your property by the service professional(s). Please see the “Limitation of Our Liability” section for more information.

YOUR EXCLUSIVE AND SOLE REMEDY FOR DISSATISFACTION OF THE SERVICES IS TO DISCONTINUE USING SUCH SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OR GUARANTEES OR ANY KIND.

Our content may offer advice from time to time and you acknowledge and agree that our suggestions or advice does not substitute for the knowledge and advice from a service professional. We are not liable for any decision you make that you later regret or if you spend more money than you previously expected because you followed suggestions or advice.

THIRD PARTY WEBSITES

We may provide hyperlinks or references to other websites. The appearance of these links does not constitute our approval or endorsement of these websites. In some cases, we may have no affiliation of any kind with these third parties.

To the extent permissible by law, we may disclose any financial or other connections we have with you to these third party websites.

We are not responsible for the content of third party websites that may be linked from our website or provided to you via our Services. You navigate to any third party website at your own risk, and may be responsible for compliance with terms, policies, or laws relevant to these third parties.

INTELLECTUAL PROPERTY

All material on our Website, including source code, data, images, and all other content, is owned by us, unless expressly indicated otherwise. Such owned intellectual property also includes our marks, logos, and similar content, regardless of whether such content is registered. Portions of our content may be licensed or repurposed from other websites, and therefore may be subject to the terms of services, privacy policies, and other applicable terms from these content providers. If your usage of our website makes you subject to these terms, you are solely responsible for reviewing these associated terms and complying with them. Some websites and data providers may require us to display licensing or marketing information next to the data, which is one indication that we are licensing or using data from third parties, and may make you obligated to comply with the terms of third parties, however we may not always display such information. Such failure to display this information does not obviate you from your obligations to follow the applicable terms and conditions of the content provider.

We may utilize trademarked graphics, service marks, images, logos, or other promotional material in connection with our Services. These marks and images may be subject to legal protection within the United States or other jurisdictions. To the extent permitted by law, reproduction of these marks is prohibited without our express consent.

We own trade secrets and know-how that contribute to the functionality of our Website and the Services, which may be legally registered, or be eligible to be legally registered, or may otherwise belong to us. Your usage of our Website or Services does not entitle you to any right, claim, or other interest whatsoever in these trade secrets and know-how.

TERMINATION

We may terminate this agreement with you, at any time, without notice, and at our sole discretion in the event that: (a) you breach any provision of these Terms, the Privacy Policy or any other applicable law or rule or regulation; or (b) we are required to do so by law; or (c) we cease operation or cease to provide the Services or our Website.

You may terminate this agreement with us at any time by: (a) discontinuing the use of the Services by deleting your user account or informing us in writing of your desire to delete your account; or (b) sending us written notification that you wish to terminate this agreement.

A termination of this Agreement shall not in any way impact the rights and obligations contained in these Terms which by their nature would continue to apply, including those set forth under Warranty, Indemnity, Limitation of Liability, Arbitration and Governing Law. Such sections remain in full force and effect so long as you or your successors in interest retain any legal claim under this agreement, or any third party has a claim that may in any way implicate or involve us, and so long as you or your successors in interest remain liable for any civil or criminal claim arising out of or in any way relating to this agreement or the use of our Website or Services.

The termination of this agreement or your account may result in the loss of information associated with your user account or your use of the Services. We do not accept any liability for any loss resulting from the loss of such information or Services.

LIMITATION OF LIABILITY

Please read this section carefully, as it may impact important legal rights.

The use of the Services and Website, and your interaction with any of our third party service providers, vendors, affiliates, contractors or others that you may connect with you via our Services is solely at your own risk.

 To the maximum extent legally permissible, you agree that we are not liable for any damages whatsoever arising from your use of our Website or Services, or any services procured directly or indirectly from your usage of the Services and Website. Damages for which we are not liable for include, but are not limited to, direct, indirect, special, punitive, exemplary, incidental, consequential, loss of use, revenue, data or profit or any other damages of any kind, derived under any legal system or legal theory, regardless of the foreseeability of such damages, and our prior or assumed knowledge regarding the likelihood of such damages.

If such any dispute is adjudicated under laws which may limit a general release of this nature, you agree to waive your protections under such laws, to such an extent such a waiver is legally possible, or you agree that the foregoing limitation shall be amended to the maximum extent legally permissible to effect the intent of this section, which is to limit our liability arising from your usage of our Website and Services.

General Provisions

If any of these Terms are or become unlawful, unenforceable, or void by a court of competent jurisdiction then such term shall be modified to the extent to make it enforceable while maintaining the spirit of the provision. If modification is an impossibility then that provision will be stricken but all remaining provisions will be enforceable and valid. You agree that any claim resulting from the use of the Services, regardless of any law or statute to the contrary, must be filed within (1) one year the cause of action or claim arose, or it must forever be barred. The titles of the sections in these Terms have no legal or contractual effect and have been provided only for your convenience.

These Terms constitute the entire, complete, and exclusive agreement between you and us. This agreement supersedes all prior agreements and understandings, written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms.

To the extent permissible by law, in no circumstance shall you seek or be entitled to injunctive or other equitable relief, or to enjoin or restrain the operation of the Website or the Services.

You may not assign your rights or obligations under this Agreement to any other party without our consent. We may assign or delegate your rights or obligations under this Agreement, fully or partially, at any time without notice to you.

excavationcontractorbakersfield.com is controlled and operated within the United States. We make no representation, warranties, or other promises that the Services are accessible in any other country, or that the Services comply with the laws of any jurisdiction. Your use of the Services in a jurisdiction outside of the United States may subject you to legal obligations or penalties and we are not responsible for any potential obligations or liability you may assume by accessing the Website or using the Services outside of the United States.