Welcome to UPickaBuilder.com

TERMS OF USE

THE FOLLOWING DESCRIBES THE TERMS ON WHICH Upickabuilder.com OFFERS YOU ACCESS TO ITS SERVICES.

The services available at Upickabuilder.com (the "Site") are provided to you ("You") under the following terms and conditions (the "Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Services. Upickabuilder.com may amend this Agreement at any time by posting the amended terms and conditions on the Site. 

SERVICES. Upickabuilder.com is a service that matches requests from potential customers ("Customers") with individuals and entities that offer services ("Contractors and Sub-Contractors") that may be able to meet Customers needs. Upickabuilder.com is not involved in the actual transaction between Customers and Contractors and/or Sub-Contractors. Consequently, Upickabuilder.com cannot ensure that a transaction will occur. Further, if a transaction does occur, Upickabuilder.com has no control over the quality, safety or legality of the item or service sold. The Site acts as the venue for the Customer to submit requests to Contractors and/or Sub-Contractors for bids on various services. This service is free for Customers to use in submitting requests and reviewing responses. Upickabuilder.com does not charge Customers to use this service. All charges associated with this service are incurred by the Contractors and/or Sub-Contractors that respond to requests. Upickabuilder.com is not responsible for any user's access to or ability to use email, or the filtering policies of any Internet service or email providers, and is consequentially not liable for any losses or inconveniences which may arise from undelivered email notifications.

1. CONDUCT. Please use common sense and practice safe trading when using the Service. You agree to provide true, accurate, current and complete information to Upickabuilder.com and Customers when using the Service. You may not allow anyone else to use Your email address and You may not use anyone else's email address while using the Service. You agree to notify Upickabuilder.com immediately of any unauthorized use of your email or any other breach of security. Upickabuilder.com will not be liable for any loss or damage arising from your failure to comply.

You agree not to use the Site:
a) for any purpose in violation of local, state, national, or international laws;
b) to request the purchase of firearms;
c) to transmit, post or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by Upickabuilder.com in its sole discretion;
d) to transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.
e) to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
f) to post improper responses;
g) to 'stalk' or otherwise harass another;
h) to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunications equipment;
i) to engage in any other conduct that inhibits any other person from using or enjoying Upickabuilder.com and which negatively affects the user experience.

2. RELEASE. Because we are not involved in the actual transaction between Customers and Contractors and/or Sub-Contractors, in the event that you have a dispute, for any reason, You release Upickabuilder.com (and any officers, directors, agents, and employees thereof) from claims, demands, and damages (actual or 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.

3. UPICKABUILDER.COM’S PROPRIETARY RIGHTS. You acknowledge and agree that the Site and Service and any necessary software used in connection with the Site or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on the Site or presented to you through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by Upickabuilder.com, you agree not to modify, sell, distribute or create derivative works based on the Site, Service or software, in whole or part.

4. UPGRADES, SUPPORT AND NOTICES. From time to time, Upickabuilder.com may (and has the right to) send You information and offers about upgrades, documentation, special announcements and other services offered by Upickabuilder.com. Notwithstanding the foregoing, under no circumstances will Upickabuilder.com or any of its Partners have any obligation to provide You with upgrades, enhancements, modifications, or support for the Services or Sites.

5. INDEMNITY. You agree to indemnify and hold Upickabuilder.com, its parents, subsidiaries, affiliates, officers, employees and Partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Your use of the Services, use of Your account by any third party, Your purchase or use of products or services offered by the Businesses, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.

6. WARRANTY DISCLAIMER. You use the Services at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER UPICKABUILDER.COM NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the above limitations may not apply to you.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL UPICKABUILDER.COM OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT FEES YOU PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. This service is free for customers to use in submitting bids and reviewing responses. Upickabuilder.com does not charge customers to use this service. All charges associated with this service are incurred by the Contractors and/or Subcontractors that respond to requests. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

8. Subscription fees are payable in advance.
   All access and subscription charges for the Upickabuilder.com are payable in advance.  Upickabuilder.com is not responsible for any charges or expenses you incur resulting from charges billed by Upickabuilder.com in accordance with these Terms of Use (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g. some PayPal accounts), you authorize Upickabuilder.com to continue charging the payment method for all charges due Upickabuilder.com until your account is cancelled by either you or Upickabuilder.com.

9. Charges have billing periods, which are usually aligned to bill on a single day for each billing period.
   Subscription Accounts are offered on a monthly basis.  Accounts will be billed monthly on the same date of each month (e.g. the 10th of each month), beginning on the first day following the end of your trial period.

10. Cancellation
    To cancel your subscription simply log on to you account and click on the “cancel subscription link” in your account administration area and follow the instructions.