You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety when you: (a) access the Site; (b) utilize the 126Themes LTD search directory (“Directory”) in order to obtain search listings and related information (collectively, “Listings”) regarding a variety of home improvement and gardening businesses, professionals, venues, products and/or services (collectively, “Contractor Offerings”) as offered and provided by the third party contractors, business entities and professionals featured on the Site (collectively, “Third Party Contractors”); (c) access articles, discussions, Site User (as defined below) feedback and/or other content on the Site (collectively, “Content”); (d) utilize the Site’s many interactive features designed to facilitate interaction between you, 126Themes LTD, other Site Users and “Contributors” (collectively, “Participants”) participating in the blogs, comment sections, reviews and other interactive features located in designated areas of the Site (“Interactive Services”); (e) register to submit a free Listing of your Contractor Offerings; (f) register for enhanced services (“Enhanced Services”) in connection with promoting your Contractor Offerings as an “Advertiser”; and/or (g) access links to our social media pages on third party social media websites, such as Facebook®, Google+® and Twitter® (“Social Media Pages,” and together with the Site, Directory, Listings, Content, Interactive Services, Enhanced Services and Social Media Pages, the “126Themes LTD Offerings”). Please review the agreement carefully. If you do not agree to the terms of the agreement in their entirety, you are not authorized to use the 126Themes LTD offerings in any manner or form.
You understand and agree that 126Themes LTD shall not be liable to you, any other Site User or any third party for any claim in connection with your use of, or inability to use, the 126Themes LTD Offerings. 126Themes LTD disclaims any and all liability for any loss, damage, or injury based on Content, Contractor Offerings or other products, services and/or information directly or indirectly obtained through the 126Themes LTD Offerings. You understand and agree that 126Themes LTD is not responsible or liable in any manner whatsoever for any dispute between you and any Site User.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+® is a registered trademark of Google, Inc. (“Google”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that 126Themes LTD is not in any way affiliated with Facebook, Google or Twitter, and the 126Themes LTD Offerings are not endorsed, administered or sponsored by Facebook, Google or Twitter.
126Themes LTD reserves the right to terminate the Agreement, remove your Listings (if any) and terminate your access to the 126Themes LTD Offerings at any time in its sole discretion including, without limitation, where 126Themes LTD believes that you are: (i) violating any applicable law, rule or regulation; (ii) in breach of the Agreement; or (iii) otherwise acting in a manner that is detrimental to the interests of 126Themes LTD and/or other Site Users. If 126Themes LTD terminates the Agreement for any reason, 126Themes LTD shall have no liability or responsibility to you. You understand and agree that refusal to use the 126Themes LTD Offerings is your sole right and remedy with respect to any dispute that you may have with 126Themes LTD. The Agreement only governs your use of the 126Themes LTD Offerings.
Non-Endorsement: Site Content and Site Users.
(a) 126Themes LTD does not sponsor, recommend or endorse: (i) any Third Party Contractors (including Advertisers) that are accessible by and through the Directory and/or Interactive Services; (ii) any Participants that are accessible by and through the Interactive Services; and/or (iii) any Site visitors (“Visitors”) that are accessible by and through the Site and/or Interactive Services. The Site facilitates communication between Third Party Contractors, Participants, Visitors and potential users of associated Contractor Offerings. Some of the Third Party Contractors that are accessible by and through the Directory pay a fee for inclusion in the Directory.
(b) The 126Themes LTD Offerings contain comments, opinions, statements, feedback, submissions and other content (collectively, “Feedback”), Listings, Content, articles, advertisements, responses, statements, promises and other information (collectively, “Site Content”) that is provided directly by Third Party Contractors, Participants, Visitors and any other parties that use the Site (collectively, “Site Users”). Please use caution and common sense when using the Site and Directory. You agree that 126Themes LTD shall have no obligation and incur no liability to you in connection with any Site Content and/or Feedback appearing in or through the Interactive Services. 126Themes LTD does not represent or warrant that the Site Content featured by and through the Site and/or Feedback posted through the Interactive Services is accurate, complete or appropriate. 126Themes LTD in no way endorses the Site Content made available by Site Users through the Interactive Services, Directory and/or any other 126Themes LTD Offerings. The Site Content and other information submitted or made available by Site Users is not verified or reviewed in any way before it appears on the Site or otherwise through the 126Themes LTD Offerings. 126Themes LTD does not warrant the validity or accuracy of any such Site Content. Each Site User shall be solely responsible for the Site Content posted by and through the 126Themes LTD Offerings. 126Themes LTD reserves the right to prohibit any conduct by Site Users or remove any Site Content from the 126Themes LTD Offerings at any time and for any reason, in 126Themes LTD sole discretion. The reasons for removal may include where 126Themes LTD believes that the Site Content posted by a Site User is unsuitable for the 126Themes LTD Offerings for any reason including, without limitation, where: (i) the Site Content contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Site Content contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) 126Themes LTD believes that a Site User is, at any time, conducting any commercial activity by and through the Site; and/or (iv) 126Themes LTD believes that a Site User is in violation of the Agreement including, without limitation, Section 12 below.
(c) 126Themes LTD does not involve itself in the agreements arrived at by and between Visitors and Third Party Contractors, or in the actual provision of Contractor Offerings in connection with the relationships created thereby. Therefore, 126Themes LTD does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Visitors or Third Party Contractors. Visitors, and not 126Themes LTD, are solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Contractors that such Visitors contact via the Directory.
Requirements. The 126Themes LTD Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The 126Themes LTD Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the 126Themes LTD Offerings.
Upon entering your Directory Registration Data and clicking on the applicable submission button on the Site, you may be provided additional information regarding participating Third Party Contractors that are located in your designated geographic area that you can choose to contact or be contacted by. Upon your request to contact, or be contacted by, any of the applicable Third Party Contractors, 126Themes LTD may transfer all or some of your Directory Registration Data to the applicable Third Party Contractor(s) in connection with facilitating your request for Contractor Offerings from same.
You understand and agree that 126Themes LTD shall not be liable to you or any third party for any modification, suspension or discontinuation of any service offered by any Third Party Contractor.
The Listings contain descriptions that are provided directly by the applicable Third Party Contractors, or the manufacturers or distributors of the Contractor Offerings featured in the Listings, as applicable. 126Themes LTD does not represent or warrant that the descriptions of such items are accurate or complete. As a result, 126Themes LTD has no control over: (i) the quality, safety or legality of the Contractor Offerings; (ii) the truth or accuracy of the Listings; and/or (iii) the ability of the applicable Third Party Contractors to sell/provide the Contractor Offerings. Do not assume that the offer, sale, purchase, export or import of any Contractor Offerings is valid and legal simply because they are listed on the Site. We are not responsible for ensuring that any applicable Third Party Contractor actually completes a transaction. Where you submit a Listing by and through the Site, you represent and warrant that: (A) all content in the Listing is accurate, complete and current; (B) you have all necessary rights, power and authority to publish the Listing; (C) the Listing, and any website listed in, or linked to from, the Listing: (I) complies with all applicable laws and regulations; (II) does not infringe upon, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; (III) does not violate the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and (IV) does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (D) you possess documents that substantiate all claims, express and implied, contained within the Listing.
Enhanced Services. Subject to the terms and conditions of the Agreement, as well as the Lead Agreement that you must agree to in its entirety and execute when you attempt to become an Advertiser, you can obtain, or attempt to obtain, for a fee, access to the Enhanced Services as an Advertiser. Advertisers are subject to the same obligations, terms and conditions as apply to Third Party Contractors under the Agreement including, without limitation, those applicable to Listings set forth above.
Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other 126Themes LTD Offerings. The Content is compiled, distributed and displayed by 126Themes LTD, as well as various third-party content providers including, without limitation, Third Party Contractors, Visitors and Participants (“Third-Party Providers”). 126Themes LTD does not control the Content provided by Third-Party Providers that is made available by and through the 126Themes LTD Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. 126Themes LTD does not represent or warrant that the Content and other information posted by and through the 126Themes LTD Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that 126Themes LTD shall not be responsible for, and 126Themes LTD undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that 126Themes LTD shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
Social Media Pages. The Site contains links to various Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by the applicable terms and conditions of those Social Media Websites. You understand and agree that 126Themes LTD shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Interactive Services. Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in, and provide Feedback in connection with, comment sections, blogs, message boards, question and answer areas and other interactive areas of the Site.
You agree that you are solely responsible for the Site Content that you publish, transmit and/or post by and through the 126Themes LTD Offerings. You agree to use the 126Themes LTD Offerings in full compliance with all applicable laws, rules and regulations. In connection with your use of the 126Themes LTD Offerings, and submission of Site Content, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, Site Users; (vii) transmit any chain letters, spam or junk e-mail to Site Users or other parties; (viii) express or imply that any statements you make are endorsed by 126Themes LTD; (ix) harvest or collect personal information of Site Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained in the 126Themes LTD Offerings; (xiii) interfere with or disrupt any of the 126Themes LTD Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the 126Themes LTD Offerings; (xvii) use metatags or code or other devices containing any reference to the 126Themes LTD Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the 126Themes LTD Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of the 126Themes LTD Offerings without notice, in the sole discretion of 126Themes LTD. 126Themes LTD reserves the right to pursue any and all legal remedies against Site Users that engage in the aforementioned prohibited conduct.
License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the 126Themes LTD Offerings and associated content in accordance with the Agreement. 126Themes LTD may terminate this license at any time for any reason. Other than where expressly permitted by 126Themes LTD, you may only use the 126Themes LTD Offerings on one computer for your own personal, non-commercial use. No part of the 126Themes LTD Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the 126Themes LTD Offerings or any portion thereof. 126Themes LTD reserves all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the 126Themes LTD Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on 126Themes LTD infrastructure. Your right to use the 126Themes LTD Offerings is not transferable.
Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the 126Themes LTD Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the 126Themes LTD Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from 126Themes LTD is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at the Site or through the 126Themes LTD Offerings. The posting of information or material on the Site by 126Themes LTD does not constitute a waiver of any right in or to such information and/or materials. The “Networx” name and logo, and all associated graphics, icons and service names, are trademarks of Networx Systems, LLC. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s prior express written consent is strictly prohibited.
Copyright Policy/DMCA Compliance. 126Themes LTD reserves the right to terminate access to the Site of any Site User who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other 126Themes LTD Offerings in a way that constitutes copyright infringement, you should provide 126Themes LTD with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for 126Themes LTD Copyright Agent for notice of claims of copyright infringement is as follows:
126Themes Ltd, LLC
Attn: DMCA/Copyright Agent
1621 Central Ave
Cheyenne, WY 82001
Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
Legal Warning. Any attempt by any individual, whether or not a 126Themes LTD customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the 126Themes LTD Offerings, is a violation of criminal and civil law and 126Themes LTD will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Indemnification. You agree to indemnify and hold 126Themes LTD, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the 126Themes LTD Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Site User or third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section are for the benefit of 126Themes LTD, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties. The 126Themes LTD offerings and/or any other products and/or services that you may apply for through same are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, 126Themes LTD makes no warranty that: (a) the 126Themes LTD offerings and/or any other products and/or services that you may apply for through same will meet your requirements; (b) the 126Themes LTD offerings and/or any other products and/or services that you may apply for through same will be uninterrupted, timely, secure or error-free; (c) you will qualify for contractor offerings from any third party contractor; or (d) the results that may be obtained from the use of the 126Themes LTD offerings and/or any other products and/or services that you may apply for through same will be accurate or reliable. The 126Themes LTD offerings and/or any other products and/or services that you may apply for through same may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from 126Themes LTD, any site user or otherwise through or from the 126Themes LTD offerings, shall create any warranty not expressly stated in the agreement.
Limitation of Liability. You expressly understand and agree that 126Themes LTD shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 126Themes LTD has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the 126Themes LTD offerings and/or any other products and/or services that you may apply for through same; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, the 126Themes LTD offerings; (c) the failure to qualify for contractor offerings from any third party contractor; (d) the unauthorized access to, or alteration of, your registration data; and (e) any other matter relating to the 126Themes LTD offerings and/or any other products and/or services that you may apply for through same. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release 126Themes LTD from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitations, the maximum liability of 126Themes LTD to you under any and all circumstances will be five hundred dollars ($500.00). The negation of damages set forth above is a fundamental element of the basis of the bargain between you and 126Themes LTD. The 126Themes LTD offerings and/or any other products and/or services that you may apply for through same would not be provided to you without such limitations.
Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, certain Site User websites. Because 126Themes LTD has no control over such third party websites and/or resources, you hereby acknowledge and agree that 126Themes LTD is not responsible for the availability of such third party websites and/or resources. Furthermore, 126Themes LTD does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Cheyenne, WY 82001 and shall be governed by and construed in accordance with the laws of the State of Wyoming (without regard to conflict of law principles). Should a dispute arise concerning the 126Themes LTD Offerings, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Cheyenne, WY 82001 or the county of your residence, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration as set forth above, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against 126Themes LTD and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that 126Themes LTD incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any 126Themes LTD Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
Contact Us. If you have any questions regarding the Agreement, or would like more information from 126Themes LTD, please call us at: 1-307-314-9121, or email us at: email@example.com.
Our corporate offices are located at:
126Themes Ltd, LLC
1621 Central Ave
Cheyenne, WY 82001