Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Terms”) governs the relationship between our members who interact on The Subcontractor’s Gateway (“SCG”). By using or accessing SCG, you agree to this Statement, as updated from time to time in accordance with Section 14 below.

  1. PrivacyMaintaining your privacy and anonymity is important to SCG. This site is designed to give all users the ability to speak freely about contractors and the industry in general. While this site encourages open and honest communications, any communications intended for any other purpose will be stricken and can impact your future ability to use this site.
  2. SafetyUser safety is of the upmost importance to SCG. While SCG does its best to keep the site safe, SCG cannot guarantee it and will rely on its members to report any improper use. Improper use includes, but is not limited to:
    1. You will not post unauthorized commercial communications (such as spam);
    2. You will not collect users’ content or information, or otherwise access SCG, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on SCG.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
    9. You will follow our advertising policies and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on SCG.
    10. You will not use SCG to do anything unlawful, misleading, malicious, or discriminatory.
    11. You will not do anything that could disable, overburden, or impair the proper working or appearance of SCG, such as a denial of service attack or interference with page rendering or other SCG functionality.
    12. You will not facilitate or encourage any violations of this Statement or our policies.

 

  1. Registration and Account SecuritySCG users must provide their real names and information when signing up for use of the site. However, the users will be provided numerical user IDs to provide anonymity while posting on the site. When providing registration information to SCG, must provide their real names and information, as well as the following to help SCG when registering and maintaining the security of your account:
    1. You will not provide any false personal information on SCG, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal account.
    3. You will keep your contact information accurate and up-to-date.
    4. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
    5. You will not transfer your account (to anyone without first getting our written permission.
    6. We reserve the right to remove or reclaim your user ID if we believe you are using the site for any purpose other than its intended use.
  2. Protecting Other People’s RightsWe respect other people’s rights, and expect you to do the same.
    1. You will not post content or take any action on SCG that infringes or violates someone else’s rights or otherwise violates the law.
    2. We can remove any content or information you post on SCG if we believe that it violates this Statement or our policies.
    3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement
    4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
    6. You will not use our copyrights or trademarks (including SCG), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
    7. If you collect information from users, you will: obtain their consent, make it clear you (and not SCG) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    8. You will not post anyone’s identification documents or sensitive financial information on SCG.
    9. You will not tag users or send email invitations to non-users without their consent. SCG offers social reporting tools to enable users to provide feedback about tagging.
  3. Mobile and Other Devices
    1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on SCG within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
    3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on SCG.
  4. PaymentsIf you make a payment on SCG or use SCG Credits, you agree to our Payments Terms.
  5. About Advertisements and Other Commercial Content Served or Enhanced by SCGOur goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
    1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
    2. We do not give your content or information to advertisers without your consent.
    3. You understand that we may not always identify paid services and communications as such.

 

  1. Special Provisions Applicable to AdvertisersYou can target your desired audience by buying ads on SCG. The following additional terms apply to you if you place an order through our online advertising portal (Order):
    1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
    2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
    3. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
    4. Your ads will comply with our Advertising Guidelines.
    5. We will determine the size, placement, and positioning of your ads.
    6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
    7. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
    8. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run.
    9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
    10. We can use your ads and related content and information for marketing or promotional purposes.
    11. You will not issue any press release or make public statements about your relationship with SCG without our prior written permission.
    12. We may reject or remove any ad for any reason.
    13. If you are placing ads on someone else’s behalf, you must have permission to place those ads, including the following:
      1. You warrant that you have the legal authority to bind the advertiser to this Statement.
      2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
    14. Special Provisions Applicable to PagesIf you create or administer a Page on SCG, you agree to our Pages Terms.
    15. Amendments

SCG reserves the right to make amendments to this site from time to time as we deem necessary. You will receive notice of all changes within twenty-four (24) hours of the changes. We can change this Statement if we provide you notice (by posting the change on the SCG Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our SCG Site Governance Page and “like” the Page.

  1. TerminationIf you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of SCG to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. Even if you disable your account, you will still be liable and/or responsible for any violation of this agreement. General Contractors are permitted to join this site! If you are a General Contractor and join this site, your access will be denied and any funds paid shall be retained by the company.
  2. Disputes
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or SCG exclusively in a state or federal court located in Anne Arundel County. The laws of the State of Maryland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Anne Arundle County, Maryland for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on SCG, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on SCG and are not responsible for the content or information users transmit or share on SCG. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on SCG. We are not responsible for the conduct, whether online or offline, or any user of SCG.
    3. WE TRY TO KEEP SCG UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SCG AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SCG WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SCG WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SCG IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SCG, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SCG WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SCG’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  3. Definitions
    1. By “SCG” we mean the features and services we make available, including through (a) our website at thesubcontractorsgatway.com and any other SCG branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
    2. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from SCG or provide data to us.
    3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with SCG.
    4. By “content” we mean anything you or other users post on SCG that would not be included in the definition of information.
    5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from SCG or provide to SCG through Platform.
    6. By “post” we mean post on SCG or otherwise make available by using SCG.
    7. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    8. By “active registered user” we mean a user who has logged into SCG at least once in the previous 30 days.
    9. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  4. Other
    1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and SCG, Inc. Otherwise, this Statement is an agreement between you and SCG Ireland Limited. References to “us,” “we,” and “our” mean either SCG, Inc. or SCG Ireland Limited, as appropriate.
    2. This Statement makes up the entire agreement between the parties regarding SCG, and supersedes any prior agreements.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.
    10. We reserve all rights not expressly granted to you.
    11. You will comply with all applicable laws when using or accessing SCG.

 

  1. Payment terms:
  2. Subcontractors: The initial registration fee is $169. Your first three months of membership are free, thereafter your credit card will be charged $15 per month for 12 months. Membership is for a minimum of one-year and your card will be charged in the first of each month for twelve months.
  3. Vendors:

 

 

  1. ACCEPTANCE OF TERMS OF USE AGREEMENT.This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by SCG from time to time, such modifications to be effective upon posting by SCG on the Site. By accessing the Site or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.
  2. SGC IS A VENUE.The Site is a communications platform for enabling the connection between individuals seeking information on contractors and vendors in the construction industry.   SCG does not take part in the interaction between subcontractors except to collect payments for use of its site. Users do hereby represent, understand and expressly agree that SCG does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Subcontractors. SCG makes no representations about the suitability, reliability, timeliness, and accuracy of the information on its site and does not assume any responsibility for the accuracy or reliability of any information provided by other users on this Site. SCG does not assume and expressly disclaims any liability that may result from the use of this information. SCG is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users do hereby expressly agree not to hold SCG (or SCG’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors,independent contractors, recruiters, corporate partners, or employees, or your employer, if you become a Member through your employer, hereinafter “Affiliates”) liable for any instruction, advice or services delivered which originated through the Site and SCG and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
  3. ELIGIBILITY.Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction.

By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (a) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity.

You hereby authorize SCG to verify your representations and warranties herein, and you acknowledge that SCG reserves the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, conducting criminal background checks and using other available public records, and to take action it deems appropriate in its sole discretion, including but not limited to terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of these Terms of Use.

NOTWITHSTANDING THE FOREGOING, SCG DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD SCG HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.

  1. EXCLUSIVE USE.Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
  2. LINKS TO EXTERNAL SITES.Links from the Site to external sites (including external sites that are framed by SCG) or inclusion of advertisements do not constitute an endorsement by SCG of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. SCG does not control such sites, and is not responsible for their content. Just because SCG has hyperlinks to such sites does not mean that SCG endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by SCG’s Terms of Use and Privacy Policy. SCG expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold SCG harmless from any liability that may result from the use of links that may appear on the Site.
  3. MISCELLANEOUS.Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
  4. CONTACT INFORMATION.If you have any questions or need further information as to the Site or Service provided by SCG, or need to notify SCG as to any matters relating to the Site or Service please contact SCG at:

 

 

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