TERMS AND CONDITIONS
www.elmcontractorspost.com , www.elmcontractorspost.org , www.elmcontractorspost.net , www.elmpost.com , www.elmpost.net , www.elmpost.biz , www.elmconstructionnews.com , www.elmpressreleases.com , www.elmwebuildamerica.com , www.elmreview.com , www.elmclassified.com , www.elmsearch.com , www.elmscoreboard.com , www.elmscoreboard.org , www.elmscoreboard.biz , www.elmscoreboard.info , www.elmscoreboard.net are sites for the construction professional. These include but not limited to: Home Builders, Builders, Developers, Private Builders, General Contractors, Subcontractors, Project Executives, Project Managers, Superintendents, Foremen, Journeymen, Government Agencies, Construction Managers, Owners Representatives, Semi- Public Agencies, Architects, Engineers, Surveyors, Estimators, Purchasing Agents Vendors, Expeditors, Construction Administrative Assistants, Service Providers such as CPM Specialists, Claims Consultants, Bonding Companies, Bonding Company Agencies, Insurance Companies, Insurance Company Agencies, Commercial Bankers, Construction Accountants, Construction Attorneys, Mediators and Arbitrators to you the user.
ELM SCOREBOARD provides reviews and ratings by construction professionals based upon their actual first hand experiences on all with whom they do business with. In addition ELM SCOREBOARD lists Featured Dates on all events submitted by construction professionals for your use, the user. Its purpose is to allow You the opportunity to read about experiences construction professionals have had and to provide you, if you are a construction professional and a registered member your own reviews and ratings as well as Featured Dates. Members in good standing with ELM are granted the right to use the ELM logo and URL on their business cards and stationary which announces they belong to a national site that reviews and grades all they contract with and are in contact with.
In order to use the Service you must read and accept all the terms and conditions as listed in TERMS AND CONDITIONS which may be modified by ELM from time to time at our sole discretion. By accepting the terms of this agreement,, you acknowledge that you have read, understood and agree to be bound by all the terms, conditions and notices contained in this agreement just as if you had signed this agreement.
As a condition of Your use of the Service you agree to all the terms and conditions so listed as well as agreeing to provide ELM with accurate, current and complete information as prompted by ELM. If you are eighteen  or under You are prohibited from using or registering for the Service. If you are a competitor of ours or if you have previously been banned from the site you are prohibited from using the site. ELM may assign You a user ID and a password when Your register. Your user ID and password may only be used by You and you are solely responsible for maintaining and protecting the confidentially of Your user ID and password, and are fully responsible for all activities that occur under Your ID and password.
These terms and conditions govern your access to and use of ELM’s websites and mobile applications that link or reference these terms “Site and Services” By accessing or using the site you are agreeing to these terms and conditions and concluding a legally binding contract with ELM. You are responsible for each and every access or use of the Sites. Do not use the Site if you are unwilling or unable to be bound by the Terms
A. PARTIES: “You” and “Your” reference you, as a user of the Site. A “User” is someone who accesses, crawls, scrapes, browses, or in any ways uses the Site. “We”, “Us” ,”ELM” references www.elmcontractorspost.com , www.elmcontractorspost.org , www.elmcontractorspost.net , www.elmpost.com , www.elmpost.net , www.elmpost.biz , www.elmconstructionnews.com , www.elmpressreleases.com , www.elmwebuildamerica.com , www.elmreview.com , www.elmclassified.com , www.elmsearch.com , www.elmscoreboard.com , www.elmscoreboard.org , www.elmscoreboard.biz , www.elmscoreboard.info , www.elmscoreboard.net it’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and it’s officers, directors, employees, agents and representatives.
B. CONTENT: means text, photos, images, video, location data and all other froms of data or communication. “USER CONTENT” means Content that users submit or transmit, through, or in connection with the site. “YOUR CONTENT” means Content that you submit, transmit to, through, or in connection with the Site. “THIRD PARTY CONTENT” means Content that originates from parties other than ELM or its users which is made available in connection with the site. “SITE CONTENT” means all of the Content that is made available in connection with the site.
2. PROHIBITED CONDUCT
A. You warrant that while using the Sites and the various Services offered through the site you will not use false email address, misrepresent your affiliation with any other person or entity or impersonate any person or entity.
B. You will not attempt to gain unauthorized access to other computer systems through the Sites.
C. You will not use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature.
D. You will not use any mechanism, device, software or script to affect the proper functioning of the Sites including but not limited to any virus, time bomb, Trojan horse, cancelbot, worm or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information.
E. You will not use the Sites or services offered on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or services.
F. You will not send mass unsolicited messages or “flooding” servers with requests.
G. You will not engage in “data scraping,” “spidering,” “screen scraping,” or harvesting of e-mail addresses or other contact or personal information, or any other means of obtaining lists of users, or other information from or through the Sites or services offered including any information residing on any server or database connected with the Sites or services offered.
H. You will not use the Sites or services in violation of any applicable law.
I. You will not threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
J. You will not solicit personal information from minors, or submit or transmit pornography or violate any applicable law.
K. You will not violate our CONTENT GUIDELINES
L. You will not reverse engineer any portion of the Site.
M. You will not modify or remove any copyright, trademark or other proprietary rights that appears on any portion of the Site or on any materials printed or copied from the Site.
N. You will not reformat or frame any portion of the site.
O. You agree not to assist, encourage, or enable others to violate any of the terms and conditions so mentioned.
P. ELM is under no obligation to enforce the Terms and Conditions on your behalf against another user. ELM reserves the right to investigate and take appropriate action at our sole discretion, ELM reserves the right, in its absolute discretion, to determine whether a user is in violation of any portion of its Terms and Conditions and will take the necessary appropriate action to remove all of the offender’s content from the site.
Q. You will not submit a review that comment on other users or the reviews of other users.
R. You will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders or cancelbolts.
S. You will not post irrelevant Content , repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
T. You will not take any action that undermine the review and grading process under the Service.
A. You alone are responsible for Your Content, and once published it cannot always be withdrawn. You assume all risks associated with Your Content. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ELM.
B. User Content: does not necessarily reflect the opinion of ELM. We reserve the right to remove, screen, edit or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
C. OWNERSHIP: As between you and ELM, you own Your Content. We own the ELM content including all elements and components of the Site excluding Your Content, User Content and Third Party Content. In addition we own the copyrights, trademarks, servicemarks, trade names and other intellectual proprietary rights throughout the world “IP RIGHTD” associated with the ELM Content in whole or in part except as expressly authorized by us. We do not grant you express or implied rights, and all rights in and to the Site and the
ELM Content are retained by us.
D. OUR RIGHT TO USE YOUR CONTENT: You hereby grant to ELM an irrevocable, royalty-free, worldwide license in perpetuity to reproduce, distribute, adapt, publicly perform, and display Your Content and in addition use and exploit all or any part of Your Content by any method now existing or later developed and for any purpose whatsoever. You expressly agree that ELM shall have the exclusive right to use and exploit Your Content in connection with it’s website and other business activities. You irrevocably waive, and cause to be waived, against ELM and its users any claims and assertions of moral rights or attribution with respect to Your Content. No compensation will be paid with respect to ELM’s use of Your Content. ELM is under no obligation to post or use Your Content and may remove Your Content at any time at ELM’s sole discretion.
E. ADVERTISING: ELM and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
3. FEES AND SERVICES
A. You do not have to pay to use the services of the site.
B. We may suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
4. GUIDELINES AND POLICIES
A. You represent that you have read and understood our Content Guidelines.
5. GENERAL TERMS
A. Any failure on ELM’s part to exercise or enforce any right or provision of the terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
B. The Terms are not assignable, transferable or sublicensable by you except with ELM’s written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
C. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent so that the Terms shall otherwise remain in full force and effect and enforceable.
D. The state of Florida shall govern these terms, as well as any claim, cause of action or dispute that might arise between you and ELM without regard to conflict of law provisions. For any claim bought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in and the exclusive venue of the state and federal courts within Florida state.
6. SUBMISSIONS OF REVIEWS
A. All your content will be based upon Your actual first-hand experience.
B. All your content will be accurate, truthful and complete in all respects.
C. Your Content may not be obscene, pornographic, lewd, lascivious, violent, or inconsistent with ELM’S mission. There should be no threats, harassment, hate speech and other displays of bigotry.
D. Your Content should be unbiased and objective, where you have no ownership position or have friends or relatives who have ownership positons in the entity you are reviewing. Or serve on the board or are related by blood, adoption or marriage or in any way connected to the entity you are reviewing.
E. Your Content should be devoid of any promotional content
F. You will not publicize other people’s private information.
G. Your Content should be relevant and appropriate to the forum. ELM isn’t the place for rants about a business’s employment practices, political ideologies, extraordinary circumstances, or other matters that do not address the actual construction professional’s experience.
You agree to indemnify, defend and hold ELM, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by a third party arising out of or relating to use of Your Content, including without limitation claims based on defamation, or libel, or privacy rights or claims based on intellectual property laws, including without limitation those laws relating to copyrights and trademarks. ELM reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of ELM. ELM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that you hereby waive , release and discharge any and all claims whatsoever against ELM for its use of Your Content including, but not limited to any alleged or actual infringement or misappropriation of any proprietary rights in Your Content.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
A. This site is made available to you on an “As IS” “WITH ALL FAULTS” and “AS AVAILABLE” basis. Your use of the site is at your own discretion and risk. ELM entities make no claims or promises about the quality, accuracy, or reliability of the site. Its safety or security, or the site content accordingly, the ELM entities are not liable to you for any loss or damage that might arise, from your reliance on the quality, accuracy, or reliability of the reviews, grades or Featured Events.
B. Neither ELM or its entities nor any of its directors, employees, affiliates, agents, representatives, or licensors shall be liable to you or any third party for any compensatory, direct, indirect, incidental, special or consequential damages or attorney fees arising out of your use of the website or inability to gain access to or use the website or out of any breach of any warranty, even if ELM or its entities has been advised of the possibility of such damages, because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages in such state and jurisdictions liability is limited to the greatest extend permitted by law in no event shall ELM or its entities liability to you under these terms exceed one hundred dollars [$100.00]. You specifically acknowledge that neither ELM or its entities nor any company associate is liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury for the foregoing rests entirely with you.
C. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
D. ELM and its entities disclaim liability for any indirect, special, incidental, punitive, exemplary, reliance, or consequential damages or loss of profits or business interruption or reputational harm or loss of information or data.
E. You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and you agree to follow and be bound by them.
F. Nothing in these Terms shall be construed to establish a joint venture, agency, employment or other business relationship between You and ELM and its entities.
G. These Terms represents the entire understanding between you and ELM and its entities with respect to such subject matter.
H. You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void.