Labor Central, Inc.

Website Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Labor Central, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.laborcentral.com, including any content, functionality and services offered on or through www.laborcentral.com or any associated mobile app (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, including our Privacy Policy, found at www.laborcentral.com/terms-of-agreement, incorporated herein by reference. If you do not want to agree to these Terms of Use, including the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and other users and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Key Terms

 

“User” means a person or entity who completes our online registration process or who otherwise uses, or submits any request or receives any request through, the Website. 

 

“Customer User” means a User who is registered to use the Website for, or is using the Website to, receive quotes for construction services, or who otherwise uses the Website to receive, pay for, or facilitate the receipt of such services. 

 

“Services User” means a User who is registered to use the Website for, or is using the Website to, send quotes for construction services, or who otherwise uses the Website to offer, provide, receive payment for, or facilitate the provision of such services. 

 

Representations, Warranties, and Agreements of Users

 

By registering or using the Website, all Services Users represent and warrant that they, and their employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced and are licensed, certified, bonded, and insured, to the fullest extent (i) that they represent any of the foregoing on the Website, and (ii) as may be required by any applicable law or regulation to which they are subject. 

 

With respect to any services that are provided by Services Users to Customer Users that are facilitated by the Website, Services Users agree to comply with all applicable laws, including, without limitation, all laws related to insurance payments and all laws related to consumer data collection and privacy. 

 

Performance of Services; Company Not Responsible

 

Services Users agree to materially perform all services for Customer Users as promised and agreed upon between the Users in question (unless the Customer User fails to meet the terms of its agreement with the Services User in question and such failure legally excuses performance of the Services User). 

 

The Company may facilitate connections between Users that may result in agreements between such Users, but the Company is not a party to any such contract, does not guaranty the performance of any Services User or any Customer User under any such contract, and is not obligated to enforce or defend any party’s rights under such contract.  You acknowledge that the Company is not responsible for the performance of Users with respect to contracts between Users. In certain instances, the Company may attempt to mediate between Users, but it shall have no obligation to do so (or, if it does so, to continue doing so) and will not have any liability for attempting to assist in any dispute resolution.  If the Company does attempt to assist in mediating a dispute between Users, you agree you will participate in good faith in connection with such an attempt. 

 

Nature of Company and Website and Users’ Relationship with Company

 

The Company operates as a platform designed to help Users communicate with each other, but does not guaranty that by using the Website that any User will necessarily find another User, whether it be a Customer User or Services User, to fulfill the User’s particular needs.

 

All Users acknowledge and agree that the Company is not in the business of providing construction services.  As such, both Services Users and Customer Users agree and acknowledge that they are customers of the Company.  Without limiting the generality of the foregoing, Services Users are not employees, agents, or joint venturers of the Company and do not have any right whatsoever to bind the Company in any way.  Services Users set their own prices, provide their own equipment, and determine their own work schedule. 

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including, without limitation, materials or reviews provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, including, without limitation, any reviews.

Non-Circumvention[1]

 

The Company facilitates a platform via the Website where Services Users and Customer Users may connect and may form contracts for jobs or projects that are marketed on the Website.  You agree that you will not at any time use the Website in any way that circumvents your obligation to pay the Company fees or other compensation contemplated by the Terms of Sale.  Without limiting the generality of the foregoing, you agree that once a job or project is posted on a Website, you will not contact any User you have been connected with, informed of, or otherwise with whom you become aware of through the Website, directly or indirectly, for purposes of engaging such person for the job or project except as contemplated by the Website’s design.  If you do so, you agree that you will be liable to the Company for any fees that the Company would have been entitled to had you conducted such communications through the Website. 

 

Fees and Other Terms and Conditions

All purchases through our Website or other transactions for the sale of services or information formed through the Website, or as a result of visits made by you are governed by our Terms of Sale. [2] which are hereby incorporated into these Terms of Use.

1.  APPLICATION OF TERMS

1.1. The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and Labor Central. Sending an Order to Labor Central constitutes acceptance by you of these TOS.

1.2. In addition to these TOS, all registrations of domain names are subject to the terms and conditions set out in our Domain Name Agreement, an integral part of these TOS. The Domain Name Agreement incorporates by reference the terms and conditions of the respective Registrar, its rules and regulations. 

2. ORDER. ACCEPTANCE OF ORDER BY LABOR CENTRAL

2.1. In these TOS the method you use to choose which Service(s) to purchase or renew is referred to as an “Order.” First-time customers must purchase our Service(s) through our website. Existing customers may purchase or renew Services through the Labor Central Account Area, or by contacting our customer support team via phone or email. You acknowledge and agree that all conversations with our customer support team shall be recorded, and records of such conversations shall be treated as an Order for purchase or renewal of the respective Service(s). 

2.2. Your Order will be deemed to be an offer by you to purchase the for Service(s) from us subject to these TOS No Order shall be deemed to be accepted by Labor Central until we send you an email notification of our acceptance of the Order. 

2.3. The date on which Labor Central will provide notice of acceptance of the Order, shall be considered as the Effective Date of this Agreement. The Term of the Service(s) will commence as of the Effective Date. Upon expiry of the Term, it can be renewed as described in our Renewal Policy.

2.4. You must be at least eighteen (18) years of age at the time you place your Order. By submission of an Order, you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with Labor Central. 

2.5. If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms "you" or "your" shall refer to such legal entity. In the event that Labor Central establishes that you do not have the legal authority to bind such legal entity, you will be personally liable for the obligations under these TOS.

2.6. By placing an Order to purchase our Services you declare that there is no other restriction to enter into an agreement with Labor Central and you are not subject to trade sanctions, embargoes, and other restrictions.

2.7. You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays. 

2.8. By submitting an Order for purchase of our Service(s) you agree and expressly authorize us to use all personal data you provide to perform compliance and anti-fraud checks. You agree and expressly authorize us to disclose your personal data to third-parties or to obtain information about you from third parties, including but not limited to your credit/debit card number, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization. Please refer to our Privacy Policy for further information about how we use your data.

2.9. Orders that fail our Fraud Screen will not be approved and Service(s) will not be provided. In case an Order fails to pass the Fraud Screen, you will receive formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. In case your Order is cancelled, and Service(s) are not activated, Labor Central will reimburse you for all pre-paid fees within seven (7) working days as of the date of Labor Central’s formal notice to you that your Order was cancelled. We have no liability for payment of any indemnification, compensation for damage or claims related to the Orders not approved because they have failed our Fraud Screen. No interest or other charges will accrue on the advance paid amounts.

3. PERSONAL DATA. DATA PROCESSING AGREEMENT

3.1.  Labor Central may process personal data as part of the Service, to which certain data protection of privacy law may apply. For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy Policy for complete information on what personal data we collect and how we process and disclose it.

 

6. FEES AND PAYMENT

6.1. You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order. 

6.2. The current fee(s) and payment method(s) are listed on our website and seen at time of sign-up. Unless a specific agreement for use of the Service(s) exists between Labor Central and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. Labor Central reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal. 

6.3. All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services. 

6.4. In certain cases, the issuer of your payment method may charge you a transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. Labor Central has no control over such fees.

6.5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to Labor Central. Domain name registration fees must be paid in full before your account will be processed.

6.6. During the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order, you authorize Labor Central to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to Labor Central, we will not be liable for non-provisioning the Service(s).

6.7. In case of payment via an online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.

6.8. You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any Labor Central Service(s) you purchase or renew. 

6.9. Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees. 

6.10. You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the Labor Central User Area.

6.11. You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorized by the owner of the card to use it for the purchase. 

6.12. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Labor Central, including without limitation, any court and legal fees and Labor Central's reasonable attorneys' fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).

6.13. You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.

6.14. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Accounts or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.

6.15. Invoices are due immediately upon receipt. Labor Central reserves the right to suspend and/ or terminate the Services until payment is made.

6.16. By accepting these TOS, you hereby authorize Labor Central to send you invoices electronically at the email address specified in your User Area. If you would like to receive a paper invoice, please contact us through your User Area.

6.17. Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement. 

6.18. If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a "chargeback" based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.

6.19. Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise. Labor Central is not responsible for delays to refunds caused by processing institutions or the expiration of the original payment method. 

 

7. RENEWAL POLICY

7.1. All our Services are by default set to renew automatically. You can adjust the renewal settings and/or renew Services manually from the Labor Central User Area at any time before a Service is terminated.

7.2. All available Renewal Terms and the respective Renewal Fees are set out in your User Area. From time-to-time special promotions may be available only for manual renewal of your Services.

7.3. We will attempt to renew Services for which automatic renewal is enabled and charge the then-current Renewal fee(s):

●     Three days prior to the expiration of the current Term on a monthly billing cycle;

7.4. If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal of the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason. 

7.5. You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed. 

7.6. You acknowledge and agree the Service(s) shall be terminated upon expiry of the term unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that Labor Central shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, lost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party if we are unable to charge your payment method on file or you fail to renew the Services manually.

8. MONEY BACK POLICY

8.1. If you no longer need a Service, you have purchased or are unsatisfied with its performance, you can cancel it at any time. We recommend that cancellation requests are posted through your User Area.

8.2. Our Money Back Policy covers initial and renewal orders for features we offer. For the initial period, after an account is activated, we will issue a refund for Services canceled within 30 days from activation. For renewal fees, we will issue a full refund if cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has not started. If the renewal Term has already started, we will not refund any of the renewal fees. Refunds are processed within ten (10) business days after a Service is canceled.

8.3. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.

 

10. CUSTOMER ACCOUNT

10.1. If you are a new customer, upon purchase of our Services we will create a Customer Account for you. Your Customer Account contains your personal details and grants you access to our User Area where you can access, review, update and manage your Services, payments, and contact information. 

10.2. If you purchase Services on behalf of another person or entity, you warrant that you will administer their Customer Account in good faith and in their best interest, and will indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the End User and result in any claim against us.

10.3. Login to the User Area requires the use of a username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them. For security purposes, Labor Central highly recommends that you keep different passwords for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials, and regularly update your password.  

10.4. As an additional security measure, you may set up two-factor authentication (2FA) for your User Area. Follow the instructions in your User Area in order to enable/disable 2FA. If you choose to install and use a 2FA application on a device (e.g. phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk. 

10.5. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party, and for keeping your Account password secure. You shall notify Labor Central immediately of any breach of security or unauthorized use of your Account to the following email address: info@Labor Central.com.

10.6. You are responsible for providing and maintaining true, current, complete and accurate information. If you fail to do so, we accept no liability in the event that we grant access to the account to another person. 

10.8. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

 

11. USE OF SERVICES. CUSTOMER RESPONSIBILITY 

11.1. You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published, and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. You shall implement any restrictions necessary to prohibit the use of the Services by any third party or in any jurisdiction, as required to comply with such laws.

11.2. You must ensure that each of your End-users complies with these TOS, and to any policies and agreements that are incorporated by reference.

11.3. You may not upload, store, publish and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent's consent in the case of a minor). If you use the Services to upload, store, publish, display, or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.

11.5. You are responsible to provide accurate and complete information about you and your organization (if you purchase on behalf of an organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

11.6. You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services. 

11.8. You acknowledge and agree that you cannot resell our Services or administer Services on behalf of others.

11.11. You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Service(s). When accessing or using our Services you may not use equipment and/or software that are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network, and/or vulnerability of the Service(s). 

11.17. You acknowledge and agree not to make any modification or alteration of any part of our Service(s) or related technologies.

11.18. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site, except where explicitly authorized by us.

11.19. You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements. 

11.20. You are responsible to make backup copies of all your content uploaded, stored, published, and displayed on or through our Service(s) in a location independent of ours, and will not use our Backup Services as your sole backup.

 

13. USER CONTENT. MONITORING OF USER CONTENT

13.1. You may upload, store, publish, display and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software and other content on or through the Services ("User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or disclosing User Content on or through the Services, you represent and warrant to Labor Central that (i) you have all necessary rights to display and disclose such content, and (ii) your posting or disclosure of User Content does not violate the rights of Labor Central or any third party.

13.2. Solely for purposes of providing our Services, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license to: (i) use, modify, publicly perform, publicly display, reproduce, excerpt (in whole or in part), publish, distribute User Content, including to make back-up copies of User Content and User Websites without any payment. Except for the rights expressly granted herein, Labor Central does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

13.3. Labor Central shall not exercise control over and accepts no responsibility for User Content or any other information passing through our Services. Labor Central may monitor User Content, but is under no obligation to do so. If you or your End Users post or publish any material in violation of these TOS, or otherwise violate these TOS, in order to resolve the issue Labor Central reserves the right to review your Content and immediately take any corrective action, including without limitation removal of part or all of the User Content or User Websites, suspension or termination of any and all Services with no refund. You hereby agree that Labor Central shall have no liability due to or arising out of any corrective action that Labor Central may undertake.

 

14. TECHNICAL SUPPORT

14.1. Technical support services:

14.1.1. We provide technical support for issues related to the functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.

14.1.2. We aim to deliver support in a fast and efficient manner; however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site.

14.1.3. You may request technical support through our contact us form. Technical support will be provided via phone, chat, and email. Depending on the issue, we may not be able to provide assistance over all communication channels but will recommend one or two where support can be delivered.

14.1.4. If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational, and the Services are configured to your needs once we complete work on your request.  

14.1.5. If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.  

14.1.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees or subcontractors; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of Labor Central’s control, or your failure or refusal to implement changes recommended by Labor Central. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

14.2. Scope of free technical support

14.2.1. We provide free technical support for issues related to our service platforms and features:  

Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;

 

15. BACKUP SERVICES

15.1. You acknowledge and agree that it is your responsibility to regularly back up all your Content in order to prevent potential data loss. We will use commercially reasonable efforts to back up data stored on your account. We will not back up files containing temporary or transient data which cannot be restored in a useful state.

15.2. You agree that you will keep independent backup copies of your Content in addition to those we maintain.

15.3. We keep a limited number of backup copies of your account.

15.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, our Backup Services are provided “as-is” and are subject to all limitations of liability set out in this TOS.

 

24. NOTICES

24.1. We will send notices to you using the contact information in your Customer Account. We may send you notices by email, call, chat, SMS, or a notice posted in your User Area. We have no responsibility for notices not delivered due to outdated or inaccurate contact information. 

24.2. Any notices to us related to issues governed by our Privacy Policy shall be addressed to us at info@Labor Central.

26. CHANGE OF TOS

Labor Central may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email and via notices in your User Area. Labor Central shall not be liable for your failure to receive an email notification due to an inaccurate email address. 

If you do not agree to the changes in the TOS, you must suspend use of the Services and terminate this Agreement within ten (10) business days of receiving notification from us. 

To the extent permitted by applicable law, continued use of the Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and Labor Central, unless you have sent us a termination notice. 

Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of this TOS. 

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.[3]

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Website is designed as a marketplace platform for those in need of construction labor services to identify and potentially engage with providers of those services (the “Permitted Use”).[4]  These Terms of Use permit you to use the Website for such Permitted Use only, and not any other business or personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print copies of a reasonable number of pages of the Website for your own business records as may be reasonably necessary to document your transactions occurring on the Website.

  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own utilization of for the Permitted Use, provided you agree to be bound by our end user license agreement for such applications.
     

You must not:

  • Modify copies of any materials from this site.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, except for the Permitted Use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Labor Central, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation that is inconsistent with the design of the Website; provided that this does not prohibit registered users from advertising their services on the Website in accordance with the design of the Website. 

  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
     

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.

  • Use any robot, spider or another automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Advertise or solicit any services on the Website that are not related to or appropriate for the Website, as determined by the Company in its sole discretion, but including any of the following services that are not appropriate for the Website: providing directories or referrals for services; lending; rental space; or event promotion.

  • Take any action that may undermine the reviews process facilitated by the Website including by posting misleading or inaccurate reviews or ratings. 

  • Otherwise, attempt to interfere with the proper working of the Website.
     

User Contributions

The Website may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote or assist any unlawful act.

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, except as contemplated in connection with the Permitted Use.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact ____________ for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send e-mails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

  • Link to any part of the Website other than the homepage.

  • Otherwise, take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

 

Geographic Restrictions

The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the USA.[5] We make no claims that the Website or any of its content is accessible or appropriate outside of such area. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Website, or in connection with a claim against you pursuant to or in connection with a contract between you and another user (AND IN EACH CASE EVEN IF ARISING IN WHOLE OR IN PART AS A RESULT OF THE COMPANY’S OWN NEGLIGENCE).

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Tarrant County, Texas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

 

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale[6] constitute the sole and entire agreement between you and Labor Central, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

 

Your Comments and Concerns

This website is operated by Labor Central, Inc., 1901 Central Drive Suite 606 Bedford Texas 76021.

All notices of copyright infringement claims should be sent to the copyright agent at 682.228.2885.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@laborcentral.com.