WHEREAS, this agreement entered into between Wilson Residential Construction Services LLC, herein called Contractor, and the homeowner, herein called CUSTOMER, is willing to accept such engagement and the parties now desire to set forth, in detail, the terms and conditions of their Agreement.
AGREEMENT
CUSTOMER hereby engages the Contractor, and the Contractor agrees to provide all labor, materials, equipment, and supervision for a Project as set forth in the contract, herein called the Agreement. The Work shall be performed in coordination with the CUSTOMER.
The Work to be performed pursuant to this Agreement shall be completed pursuant to the time as set forth in the Agreement, if any. Time is of the essence.
For the completion of the Work by Contractor under this Agreement, CUSTOMER agrees to pay Contractor the amount as set forth on the contract.
4.1 Payment of invoices shall be due upon completion of the project in lieu of an invoice.
4.2 If, at any time, Contractor believes that the Customers actions result in additional cost or time not otherwise set forth in the Contract, Contractor must inform the Customer with a reasonable cost estimate. Contractor acknowledges that this provision is required to mitigate costs and time impact on performance in the Customers best interests. Contractors failure to give timely and complete notice in accordance with this paragraph will serve as Contractors waiver of rights to such claim. 4.3 Customer may withhold no more than ten (10%) percent of the Contract Sum as retainage for work that cannot be completed due to materials that are missing or on backorder.
4.4 The Contractor shall notify the Customer when the Work is substantially complete. The Work is substantially complete when the Work is sufficiently complete in accordance with this Agreement so that the Owner can occupy or utilize the Work for its intended use (“Substantially Completeâ€). Upon such notification, the Customer shall inspect the Work and shall develop a punch list of items that do not conform to the requirements of this Agreement. Upon resolution of any disagreements and upon agreement of a date when all punch list items will be resolved, the Work may be certified by the Customer to be Substantially Complete.
4.5 Contractor may if requested by Customer, prior to final payment, provide Payment Certifications on forms approved by the Customer and\or such other proof as may be reasonably required by the Customer, that all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the Contractor or the property of Customer might be responsible have been satisfied.
4.6 Acceptance of the final payment shall constitute a full and final waiver of all claims of Contractor against Customer for performance of the Work.
All materials furnished by Contractor under this Agreement shall be new and of a first rate quality. No substitution or alternative materials may be made without the express written approval of CUSTOMER. If, within one (1) year of Substantial Completion of the Work, any defect in materials or workmanship is discovered by CUSTOMER then Contractor, after receiving written notice from CUSTOMER of such defect, shall correct it promptly. All such warranties are hereby assigned to CUSTOMER and all work performed shall be done in a manner that shall preserve such warranties. All warranties shall be deemed an integral part of this Agreement. The Work shall be performed skillfully, carefully, diligently and in a workmanlike manner and shall be fit for the purpose intended.
6.1 Contractor shall install only new materials and equipment to be furnished under the Agreement unless otherwise allowed by CUSTOMER, and that all Work shall be of good quality, free from faults and defects and in conformance with this Agreement.
6.2 In the event the naming of one (1) or more materials or equipment is followed by the phrase “or approved equal”, substitutions of materials or equipment, similar and equal in quality and utility to the items specifically named, may be made only after written approval by CUSTOMER. Under no circumstances shall any substitutions requested by Contractor result in any additional cost to CUSTOMER unless otherwise noted.
6.3 Contractor warrants that title to all Work, including but not limited to all materials and equipment, covered by an Application for Payment shall pass to CUSTOMER, free and clear of all liens, claims, security interests or encumbrances, and sales tax upon the sooner of the tender of payment of the applicable Application for Payment by CUSTOMER to Contractor or delivery of Work to the Job Site; and that no Work, materials or equipment covered by an Application for Payment shall have been acquired, whether by Contractor or by any other person performing a portion of the Work or furnishing materials and equipment for the Work, subject to an agreement under which an interest in or an encumbrance on is retained by the seller or otherwise imposed by the Contractor or any other person.
6.4 The passage of title to CUSTOMER shall not alter or limit the obligations and duties of Contractor with respect to the Work and the materials or equipment incorporated in or used in connection with the Work as described in these Contract Documents.
In the event that Contractor discovers any errors, inconsistencies or problems regarding the drawings, plans or specifications, then the Contractor shall send notice to the Customer detailing such problems and possible solutions.
Contractor shall perform the Work so as to minimize any impact upon the conduct of the activities of the Customer whenever possible. Contractor shall schedule the Work subject to the approval of the Customer or leave a key or code to access the work area.
Customer may add to or deduct from the Work by issuing a Directive. A Directive shall mean a written document containing additions, deletions, revisions, clarifications, or other written instructions issued by the Customer regarding the performance of the Work. A Directive shall be signed by the Customer. Unless the Directive indicates that it is for a quote only, Contractor may immediately proceed with the performance of the Scope Change. Within the time allotted in the Directive or within ten (10) days if no time is set. Contractor will immediately provide, in writing, a reasonable estimate of the cost and time to complete the Directive or the amount of a reasonable credit for any reduced scope. Customer may request that Contractor utilize Unit Prices, if any, to price the Directive in Customers sole discretion. If the parties agree to the amount of the addition or deduction, they will each sign a written Change Order to the Contract. If the parties cannot agree, they will continue to work diligently to resolve the dispute. Unsettled Directives shall not be incorporated into a Change Order for payment until settlement. Any Directive undertaken is governed by the terms and conditions of this Contract, as amended by Change Order.
At the conclusion of the project, the Contractor may provide any additional warrantees that pertain to the materials used.
Contractor recognizes that it is an independent contractor and will be paid as such. Neither party shall have the right to bind the other. Contractor will be responsible for all deductions and/or withholdings for any and all federal or state taxes for itself and its employees.
Contractor assumes and shall be solely and exclusively responsible and liable for any and all loss, costs, expenses, damages, destruction, or injury including, without limitation, bodily injury or death of any person or persons and damage or destruction of any property or properties, in connection with Contractors performance of its obligations under this Agreement including, without limitation, any of the foregoing with respect to any equipment or materials used by Contractor, suppliers or subcontractors in connection with this Agreement.
Should the Customer for any reason and at any time in its judgment determine to discontinue the services of Contractor, Customer will have the right to terminate this Agreement with or without cause by issuing a written Notice of Termination. In such event, Customer will pay Contractor for reasonable costs incurred and its profits lost thereon for any Work authorized and performed prior to the termination (unless the reason for the termination is caused by Contractors breach, in which case Customer has no obligation to pay direct or indirect costs or lost profit, if any, and may off-set its increased cost to correct or complete the Work from the Contract Sum, in addition to such other remedies as are provided by law). In no event, however, shall the amount due Contractor exceed the Contract Sum plus authorized Reimbursables.
14.1 Any Claim arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The parties shall endeavor in good faith to resolve their claim(s) by mediation.
Mediation shall be conducted so as to minimize impact upon the Contract Time. Contractor shall continue to complete the Work as set forth under this Agreement. Litigation shall be stayed for a period of forty-five (45) days pending the outcome of mediation provided Contractor has continued to complete the Work and provided that the Customer has continued to pay for Work performed in compliance with the requirements of this Agreement. Should either party fail to perform then the mediation requirement may be deemed waived by the performing party. The customer shall borne the expense of any costs incurred. The mediator shall not be called to testify or otherwise provide evidence by either party in any subsequent legal action. Agreements reached in mediation shall be enforceable as settlements in any court having jurisdiction thereof.
14.2 If mediation attempts fail and a lawsuit is filed, all legal fees incurred by the Contractor, shall be borne by the Customer.
Customer agrees to accept service of process by certified mail at the following address:
Wilson Residential Construction Services LLC
213 S Barrington DR
Hampton, IL 61256
The Contractor agrees to accept service of process pursuant to the laws of Illinois at the mailing address set forth on the PO.
Contractor agrees that it is the Contractors legal responsibility to pay all applicable federal, foreign, state and local income taxes and self-employment taxes with respect to any amounts received by Contractor (and all personnel hired by Contractor for Contractors individual practice) under the terms of this Agreement. Unless otherwise required by applicable law, Owner shall not withhold from the amounts paid to Contractor (or any personnel hired by Contractor for Contractors individual practice) any amounts for federal, foreign or state income taxes or self-employment taxes. Owner shall not provide any fringe benefits to Contractor (or any personnel hired by Contractor for Contractor’s individual practice) including, but not limited to, vacation or sick pay, bonuses, life insurance, health insurance, or retirement benefits. Owner will not cover Contractor (or any personnel hired by Contractor for Contractors individual practice) under state unemployment compensation laws or state workman’s compensation laws.
Contractor agrees to incorporate all provisions of this Agreement into any and all subcontracts by reference so that these provisions shall apply as if fully incorporated into each subcontractor contract.
Contractor agrees that this Agreement is personal to Contractor and cannot be assigned to any other party in whole or in part. If a subcontractor is necessary the Customer agrees to allow work to be performed as if conducted by Contractor.
Ambiguities, inconsistencies, or conflicts arising out of or related to this Agreement shall not be strictly construed against Customer; rather, they shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.
This Agreement may be modified only by and with the mutual consent of both parties. Any modification must be in writing and must be signed by an authorized representative of the Contractor and by the authorized representative of the Customer.
This Agreement has been entered into as of the day and year as set forth on the Contract or upon the issuance date of the letter to proceed, whichever is earlier.
This Agreement and the Contract and any e-mails or attachments thereto issued by Contractor or Customer shall constitute the entire Agreement between Contractor and Customer. It shall supersede all contracts, Agreements or understandings between the parties hereto respecting the subject matter hereof. In the event of any conflict between the terms of this Agreement, and any Contract, the terms of the Contract shall govern and control.
Terms of use for Website
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and Wilson Residential Construction Services LLC (Company, we, us, or our), concerning your access to and use of the wilsonresidentialconstruction.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the Site). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the Last Updated date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the Content) and the trademarks, service marks, and logos contained therein (the Marks) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site AS IS for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that : (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to :
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (Submissions) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (Third-Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (Third-Party Content). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, or any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://wilsonconstructionservices.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 had provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
TERMS AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Iowa applicable to agreements made and to be entirely performed within the State of Iowa, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the Parties and individually, a Party) shall be commenced or prosecuted in the state and federal courts located in Rock Island County IL and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action or proceeding brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLD RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION EHRE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceable of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Wilson Residential Construction Services LLC
213 S Barrington DR
Hampton, IL 61256
United States
(309) 738-9108
[email protected]
