Terms of Service

LEGAL TERMS AND CONDITIONS

Information on this Virtual Market is restricted for the sole purpose of offering and obtaining services. Any other use, commercial or personal, is prohibited.

Definitions
"Install It Today, LLC", "we", "us" and "our" means Install It Today, LLC, and its affiliates and subsidiaries. "Virtual Market" means the forum created by Install It Today, LLC and includes all web sites operated by Install It Today, LLC. It includes all the services and information available to Users after login and/or via secure access, all domains and sub-domains owned and registered by Install It Today, LLC, all applications, the APIs, our forums, and all communication tools provided by Install It Today, LLC.

Any and all rights not expressly granted in these Legal Notices, Policies, Terms and Conditions, (collectively, these "Terms") are reserved by Install It Today. We reserve the right, at any time, to change, update or modify these Terms simply by posting such change, update or modification on this Web Site; therefore, you should visit these pages periodically to read these Terms.

"User", "you" and "your" means a user of the Virtual Market and the organization for whom such user is accessing or otherwise making use of our Virtual Market or the services available under our Virtual Market.

"Buyer" means a User of the Virtual Market seeking a service or services.

"Service Provider" means a User of the Virtual Market who makes themselves available to deliver a service or services.

This User Agreement describes additional legal terms and conditions applicable to your use of our services available under the domain and sub-domains of Install It Today, LLC, , including, without limitation, the use of the Virtual Market, and the general principles for the web sites of our other divisions or subsidiaries as they may exist. If you do not agree to be bound by the legal terms and conditions of this User Agreement, please do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our other policies, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a User of Install It Today, LLC.

By using our Virtual Market or registering for our service, as either a Buyer or Service Provider, you accept the terms of this User Agreement and our other polices available at http://www.Install It Today, LLC.com/view/policies

General Terms and Conditions

1. Our Virtual Market is a forum Our Virtual Market acts as a forum to allow technology Service Providers ("Service Providers") and purchasers and end users of technology services ("Buyers") to offer, sell, and buy services at any time. We are not involved in the actual transaction between Buyers and Service Providers on the Virtual Market. As a result, we have no control over the quality, safety or legality of the services offered or advertised, the truth or accuracy of the services or the ability of Service Providers to provide services. We cannot ensure that a Buyer or Service Provider will actually complete a transaction and/or will do so in accordance with your expectations and/or requirements.


	1. Release Because we are a forum serving Service Providers and Buyers, in the event that you have any dispute with or claim against one or more Users, you release Install It Today, LLC (and our officers, members, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, members, agents, and employees, harmless from any claim, demand or liability, including reasonable attorneys' fees, related to any dispute with or claim against one or more Users.

	2. In the event any User has any issues which may result in a claim against Install It Today, LLC, with respect to their use of the Virtual Market, User must raise such issue in writing with Install It Today, LLC within thirty (30) days of occurrence. Otherwise, Install It Today, LLC shall be deemed released from any obligations it might have. Such notice shall be made in writing to:Install It Today, LLC, Attn: Legal Department, 2751 Hennepin A forum, Suite 30, Minneapolis, MN 55408.

	3. 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."

	4. LIMITATION OF LIABILITY IN NO EVENT SHALL INSTALL IT TODAY, LLC (NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, CONTRACTORS, ADVISORS, AGENTS OR MANAGEMENT) BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

2. Intellectual Property You acknowledge that Install It Today, LLC has expended significant effort and money to promote its trademarks, and to create its Virtual Market, user interface and network (which network is proprietary and covered by applications pending in the U.S. Patent and Trademark Office). You further acknowledge that Install It Today, LLC owns all right, title and interest in its trademarks, Virtual Market, user interface and network, including without limitation all intellectual property rights and other proprietary rights. You will not (i) copy, reproduce, modify, publish, transmit, or distribute in any way, content found on the Virtual Market without Install It Today, LLC's prior written permission or (ii) use the Install It Today, LLC interface or network except as expressly provided in this User Policy or other policies and agreements between you and Install It Today, LLC.
	1. Prohibited Actions
		1. The Virtual Market is currently designed to be used only within the United States of America, Puerto Rico, and Canada. Use of our Virtual Market for any activity outside of these areas requires express written consent from Install It Today, LLC.

		2. You will not attempt to (i) circumvent the Virtual Market in any way, including dealing outside of the Virtual Market with any party introduced to you through the Virtual Market.
		3. By your use of the Virtual Market, you agree to the terms of Install It Today, LLC's Non-Compete Policy. Non-Compete Policy During the term of the User Agreement and for a period of three years after such relationship has ended, no person, business or other entity who is subject to this User Agreement shall carry on or engage in a business that is similar to the business of Install It Today, LLC, or that otherwise offers products or services similar to those offered or maintained by Install It Today, LLC, The prohibition set forth above shall be applicable to the following territories: (1) a 100-mile radius in all directions from the User's business address, and (2) a 100-mile radius in all directions from each of Install It Today, LLC, 's other Buyer's/Service Provider's business locations. No person, business or other entity who is subject to this User Agreement shall access the Virtual Market to perform research or otherwise misappropriate information available on the Virtual Market with the intent to provide such information to a competitor of Install It Today, LLC, or to use such information, or assist others in using such information, to (i) solicit current customers of Install It Today, LLC, or any of its subsidiaries or affiliates, or (ii) create a competing marketplace or Virtual Market or otherwise offer products or services similar to those offered or maintained by Install It Today, LLC This User Agreement in no way precludes a User from delivering or purchasing services to or from (1) any of their existing Buyers or Service Providers, or (2) anyone with whom they come into contact independent of the Virtual Market, or from registering or contracting with one or more competitors of Install It Today, LLC, as a user of such competitor's marketplace or Virtual Market. For the purposes of this User Agreement, (a) the "business of Install It Today, LLC, " is defined as a marketplace or Virtual Market facilitating the purchase and provision of technology services, monitoring, closure and payment of services, (b) to "carry on or engage in business" includes, without limitation, to, alone or in concert with others, directly or indirectly own or control, be a partner or member of, operate, be employed by, act as an advisor, consultant, agent, officer, director, any company or organization engaged in a business that is similar to Install It Today, LLC, , and (b) to "solicit current customers" includes, without limitation, to, alone or in concert with others, directly or indirectly solicit, entice, induce, or encourage (x) any customer(s) to discontinue using Install It Today, LLC, 's services or products (including, for example, by circumventing the Virtual Market and directly contacting a Service Provider or a Buyer to enter into an User Agreement to purchase or provide services from such Service Provider or Buyer), or (y) any customer (s) to refer prospective customers to one or more competitors of Install It Today, LLC, , to discontinue referring prospective customers to Install It Today, LLC, , or to switch customers from Install It Today, LLC, to any one or more competitors of Install It Today, LLC,

	3. Legal Compliance
		You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Virtual Market and your listing, purchase, solicitation of offers to purchase, and sale of items and, sale and performance and receipt of services.
	4. No Agency
		You and Install It Today, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
	5. Your Information
		1.Definition "Your Information" is defined as any information you provide to us or other Users in the registration process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Information submitted to Install It Today, LLC through the Virtual Market is governed according to Install It Today, LLC's Privacy Statement.
		2. License Solely to enable Install It Today, LLC to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Install It Today, LLC will only use Your Information in accordance with this User Agreement and our other policies.
		3.Data Other than personal information as described in our Privacy Policy, all data derived or collected by Install It Today, LLC from any User of our Virtual Market, including but not limited to statistical information, IP addresses, or other relevant data shall belong to Install It Today, LLC and you agree that Install It Today, LLC shall have the right to use such data as it determines in its sole discretion. This includes the right to display Industry Affiliations, certifications and / or Preferred Service Provider Network Logos, where appropriate on the Virtual Market or in User profiles.
	6. NDA - Non-Disclosure Agreement
		You that you will not disclose to any third parties any proprietary information of any other User or Install It Today, LLC unless such information is already in the public domain.
	7. Eligibility to Use Our Virtual Market
		Ourservices are available only to corporate or other entities, or individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors, to anyone under 18 years of age, or to temporarily or indefinitely suspended Users. If you do not qualify, please do not use our services. Further, your Install It Today, LLC account (including feedback) and User ID may not be transferred or sold to another party that is unrelated to you. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
	8. Liability Limit
		IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES, JOINT VENTURE PARTNERS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR Virtual Market, OUR SERVICES OR THIS User Agreement (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES, JOINT VENTURE PARTNERS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE ONE MONTH PERIOD PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF THE FOREGOING PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
	9. Breach Without limiting other remedies, we may immediately remove you from our Virtual Market, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
		1. you breach this User Agreement or the documents it incorporates by reference; 2. we are unable to verify or authenticate any information you provide to us; or 3. we believe that your actions may cause financial loss or legal liability for you, our Users or us.
	10. Fees and services
		We may change our fees and credit policy from time to time. Our changes to the policy are effective immediately upon posting on the Virtual Market. We may choose to temporarily change our services or promotional events. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. All fees are quoted in U.S. Dollars net of taxes. You are responsible for paying all fees associated with using our service and our Virtual Market and all applicable taxes, if any.
	11. Third-Party Link and Content Disclaimer Links contained on the Virtual Market may cause a User to leave the Virtual Market. Such linked web sites are not under the control of Install It Today, LLC and Install It Today, LLC is not responsible for the contents of any linked web site or information contained in a linked web site, or any changes or updates to such web site. Install It Today, LLC provides these links from the Virtual Market only as a convenience, and the inclusion of any link does not imply any endorsement of the web site or any of its contents. Install It Today, LLC reserves the right to terminate any link or linking program at any time. All Users use materials and information in third-party web sites at their own risk. 12. No Warranty We, our subsidiaries, employees, joint venture partners and our suppliers provide our Virtual Market and services "as is" and without any warranties or conditions, express, implied or statutory. We, our subsidiaries, employees, joint venture partners and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 13. Force Majeure In the event Install It Today, LLC's delivery of its services is delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond Install It Today, LLC's reasonable control, Install It Today, LLC shall be excused from such delivery to the extent that its delay is prevented by such cause. 14. Indemnity Buyers and Service Providers agree to indemnify and hold Install It Today, LLC and (as applicable) our parent, subsidiaries, affiliates, officers, members, agents, and employees, harmless from any claim, demand or liability, including reasonable attorneys' fees, due to or arising, directly or indirectly, out of: (i) your breach of this User Agreement or the documents it incorporates by reference, (ii) your violation of any law or the rights of a third party, including, without limitation, any rights in intellectual property, or (iii) a Buyer's or Service Provider's action or inaction. 15. Notices Except as explicitly stated otherwise, any legal notices shall be given by certified mail (postage pre-paid and return receipt requested) to: Install It Today, LLC, Attn: Legal Department, 2751 Hennepin A forum South, Suite 30, Minneapolis, MN 55408 Notice shall be deemed given 5 days after it is sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Install It Today, LLC during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing. Notice may also be given by overnight courier mail through a nationally recognized courier service, which notice will be effective when actually received. 16. Arbitration Any controversy or legal claim arising out of or relating to this User Agreement or our services, excluding legal action taken by Install It Today, LLC to collect our fees and/or recover damages for, or obtain an injunction relating to, the Virtual Market operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Install It Today, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Minnesota necessary to protect the rights or property of you or Install It Today, LLC pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs. 17. Assignments You agree that this User Agreement and all incorporated agreements may be automatically assigned by Install It Today, LLC, in our sole discretion, to a third party in the event of a merger or acquisition or similar corporate transaction. This User Agreement and your registration with Install It Today, LLC is nontransferable by you and you may not assign this User Agreement without the prior written consent of Install It Today, LLC and any purported assignment in contravention of this provision shall be null and invalid. 18. Termination In the event your rights to use the Virtual Market are terminated, then at such time you must cease all use of the Virtual Market, including Install It Today, LLC's user interface and will not access the network. 19. General This User Agreement shall be governed in all respects by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise indicated, all provisions of the User Agreement shall survive any termination or expiration of this User Agreement. We may amend this User Agreement at any time by updating this posting. Except as stated below, all amended terms shall automatically be effective immediately after they are posted on our Virtual Market. You should visit this page from time to time to review the then-current terms because they are binding on you. This User Agreement may not be otherwise amended except in writing acknowledged by you and Install It Today, LLC.