Website Terms Of Use
 

Please Read These Terms Carefully...They're Important

Thank you for choosing estimatorperhour. We help individuals, domestic and international businesses customers to find and hire highly skilled freelancers with respect to their professions to design, calculate, estimate and schedule projects pertaining to architecture, engineering and building construction.

We welcome you to our site and invite you to read these terms, which we hope will assist you in learning more about how to make the most of our services.

These Website Terms of Use together with the Privacy & Cookie Policy and the Accessibility Statement, are applicable to all guests and users of our site.

The Member Terms and Conditions are applicable to all users who register themselves with our site, either as customers or contractors.

You can also jump straight to the relevant rules & guidance for Customers and Contractors respectively.

Whether you are a guest or a user of our service, please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Questions?

Users who require help or assistance with this site, or have any questions whatever regarding estimatorperhour, please email as at costumerservice@estimatorperhour.com.

GENERAL PROVISIONS

1. Scope

The Website Terms of Use, Member Terms and Conditions and our Privacy & Cookie Policy (collectively 'User Agreement') are entered into by:-

(1). EstimatorPerHour, LLC (‘us’, 'we', 'our'), of 2903 McKinley Court, New Windsor, New York, 12553, United States, doing business as estimatorperhour.com;

(2). and YOU, the user.

This User Agreement applies whenever you use estimatorperhour sites and services.
Please note that this site and our services are only for persons who can enter into contracts. If you are not of the age of majority in your jurisdiction, then you must not use this site. In any event, you must be aged 18 or above to use this site.

2. Definitions

The following definitions apply throughout this User Agreement:

Our primary role is to provide a facility where potential customers (Customers) and businesses and Freelancers (Contractors) who provide architectural and engineering design, calculations, cost estimates, scheduling and related works with regards to their projects can find each other.

  • 'Content Standards' means our content standards as set out in clause 3.3 below;
  • 'Customer' means a potential buyer of building and construction services;
  • 'Registered User' means a user registered with this website, whether as a Customer or as a Contractor;
  • 'Contractor' means an individual or business entity which offers to provide any or all of the following services such as design, calculations, estimates, scheduling and related works;
  • 'User' means any user of this website.

3. Accessing our site.

3.1. General

3.1.1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

3.1.2. From time to time, we may restrict access to some parts of our site, or our entire site, to Registered Users and Users in general.

3.1.3. If you choose, or you are provided with, a user identification code, 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 third party. Any damage resulting from the disclosure of information by reason of your failure to observe the diligence in keeping the same confidential shall be borne solely by you and we disclaim any liability on the matter. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this User Agreement.

3.1.4. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of this User Agreement, and that they comply with them.

3.2. Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

3.2.1. In any way that breaches any applicable local, national or international law or regulation.

3.2.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

3.2.3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.

3.2.4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

3.2.5. To knowingly transmit any data, send or upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.2.6. To reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this User Agreement.

3.2.7. To access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.

We shall not be liable to any third person for any resulting damage or violation of any existing laws resulting from your prohibited use, as enumerated above, of our site.

In the event that we discover that you are using the website in contravention to the above-listed provisions, and any other provision similar thereto, we have the right to immediately suspend your use of the website, with further reservation on any legal action which we may have a right to proceed.

3.3. Content Standards

3.3.1. The standards set out below apply to any and all material which you contribute to our site (Contributions), and to any interactive services associated with it.

3.3.2. The standards apply to each part of any Contribution as well as to its whole.

3.3.3. Contributions must:

3.3.3.1. Be accurate (where they state facts).

3.3.3.2. Be genuinely held (where they state opinions).

3.3.3.3. Comply with applicable law in the United States and in any country from which they are posted.

3.3.4. Contributions must not:

3.3.4.1. Contain any material which is defamatory of any person.

3.3.4.2. Contain any material which is obscene, offensive, hateful or inflammatory, or promotes sexually explicit material or violence.

3.3.4.3. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

3.3.4.4. Infringe any copyright, database right or trade mark of any other person.

3.3.4.5. Be likely to deceive any person.

3.3.4.6. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

3.3.4.7. Promote any illegal activity.

3.3.4.8. Be likely to harass, upset, embarrass, alarm or annoy any other person.

3.3.4.9. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

4. Suspension and termination

4.1. We retain the right to determine whether there has been a breach of this User Agreement through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.

4.2. A material breach may result in our taking all or any of the following actions:

4.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.

4.2.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

4.2.3. Issue of a warning to you.

4.2.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

4.2.5. Further legal action against you.

4.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.3. We exclude liability for actions taken in response to breaches of this User Agreement. The responses described in this User Agreement are not limited, and we may take any other action.

5. Intellectual property rights

5.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

5.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.

5.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

5.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensee.

We reserve the right to take the appropriate legal action against you should there be a finding of a violation of this provision and/or other existing laws as may be applicable hereto.

6. Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We do not offer any warranty or guarantee as to its accuracy, timeliness or completeness. You acknowledge that said commentaries, materials and information may contain inaccuracies and errors. Thus, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

7. Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

8. Our liability

8.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

8.2. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

8.3. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

8.4. Location or mapping information is provided for guidance only. It is based on postcodes, so cannot be an exact indicator of the location of a property. No liability is accepted for the accuracy of postcode or location information.

8.5. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

9. Information about you and your visits to our site

We process information about you in accordance with our Privacy & Cookie Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

10. Uploading material to our site

10.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our Content Standards. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of that warranty.

10.2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

10.3. You will not upload material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

10.4. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

10.5. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards, , or if it violates any of the provisions as provided herein.

11. Linking to our site

11.1. You may link to our home page, 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 where none exists.

11.2. You must not establish a link from any website that is not owned by you.

11.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards.

11.4. If you wish to make any use of material on our site other than that set out above, please Contact Us.

12. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we provide no guaranty as to its accuracy, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Jurisdiction and applicable law

13.1. The courts of the State of New York will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

13.2. This User Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States.

14. Use of estimatorperhour

No User shall acquire or use the word "estimatorperhour" or any variant that includes the word "estimatorperhour" as a trademark or any related intellectual property.

15. Variations

We may revise this User Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you when made. Some of the provisions contained in this User Agreement may also be superseded by provisions or notices published elsewhere on our site.

16. Your concerns

If you have any concerns about material that appears on our site, please Contact Us.

@ EstimatorPerHour, LLC. Copyright 2017 All rights reserved.