Born To Be Wild

Terms and Conditions

OPERATING AGREEMENT

This Operating Agreement (“Agreement”) shall be effective and binding on all parties that utilize Find-Top Services (“Company”) resources relating to lead generation. By using Company’s website to contact construction service providers, you hereby accept and consent to all the terms and conditions set forth herein, without modification, as well as any and all additional terms and conditions provided on the Website.

TERMS AND CONDITIONS

  1. DEFINITIONS

“Website” means www.find-top-service.com, which is also the domain name for Company’s website which allows Customers to access Leads.

“Customer” means the person or entity that utilized and/or accessed Website. Customer is also used interchangeably throughout this Agreement with “you.”  

“Customer Information” means the personally identifiable information obtained from Customer.

  1. GENERAL CONDITIONS
  2. Governing Law. This Agreement shall be construed under the laws of the State of California.
  3. Jurisdiction and Venue. Any and all disputes and actions arising from this Agreement shall be in the Southern District of San Diego, California.
  4. Privacy. Customer’s use of Website shall be subject to Company’s Privacy Policy, which governs the Website’s data collection practices. You can find a link to Company’s Privacy Policy at ________________________.
  5. Notices. Unless otherwise provided in this Agreement, Customer hereby consents that all notices, legal or otherwise, that are or are not required to be in writing, may be done so through electronic communications, including, but not limited to, sending emails, and/or visiting or posting on the Website.
  6. Term. This Agreement shall remain in full force and binding on Customer so long as Customer has access to Website. This Agreement shall also remain in full force and binding on Customer for any and all matters, cause of actions, claims, liabilities, or damages resulting from Customer’s use of Website, regardless of whether Customer still has access to Website.

III. RESPONSIBILITIES OF PARTIES

  1. Company Responsibilities. Company shall provide Customer with an “as is” list of potential service providers. Company may also provide call centers to allow Customer to book consultation appointments with such service providers.
  2. Customer Responsibilities. By utilizing Website, Customer agrees to all of the following:
  3. Customer Assumes Full Responsibility. Customer assumes full responsibility for any and all resulting matters, actions, claims, damages, liabilities, whether directly or indirectly, resulting from Customer’s use of Website. Customer acknowledges and assumes full responsibility for researching, verifying, and ensuring that potential service providers that are listed on Website are properly licensed, insured and permitted to provide the services that Customer desires. Customer also acknowledges and hereby assumes that it is Customer’s full and sole responsibility to negotiate, draft a contract, hire, and pay service providers listed on Website.
  4. Customer’s Acceptance of Liability. Client hereby accepts full responsibility for any and all claims, actions, damages, liabilities, and causes of actions, whether derived under contract law or tort law, and whether directly or indirectly, resulting from Customer’s dealings with Company, or Customers use of Website or Company’s affiliates, including, but not limited to, Lead Depot.
  • Customer is Informed on Company’s Relationship with Service Providers. Customer is hereby informed that Company does not investigate or house any information or data on Service Providers that are referred to Customer, and therefore, Customer waives any rights to pursue any and all causes of actions, whether under contract law or tort law, against Company, and Company’s partners and affiliates, including, but not limited to Lead Depot.
  1. Protect Account Information. Company is not responsible for any lack of care by Customer to secure its own data (for example, sharing of Customer’s username, password, or other account information, not logging out of Customer’s account, etc.) or for any breach of security on Website. For the avoidance of doubt, Customer is responsible for any access to or use of Customer’s account by Customer or any person or entity using Customer’s username, password or other account information provided by Company to Customer, whether or not such access or use has been authorized by or on behalf of Customer, and whether or not such person or entity is an employee, agent, or representative of Customer. Customer shall maintain appropriate physical, technical and organizational measures to protect all Customer Information against unauthorized access, use or disclosure.
  2. Refrain from Unlawful and Prohibited Uses. Customer is granted a non-exclusive, non-transferable, and revocable license to access and use Website in strict accordance with this Agreement. Customer represents and warrants, as a condition precedent, that Customer will not use the Website for any unlawful or prohibited purpose, whether by law or in accordance with this Agreement. Customer shall not obtain, directly or indirectly, any information that is not made readily available or provided through the Website. Under no circumstances shall Customer attempt to resell any of Company’s content. Customer shall not modify, publish, reverse engineer, transmit, create derivative works, or exploit any of Company’s content, in whole or in part. Customer agrees that it shall only use Company’s content to locate and connect with potential service providers that they wish to separately contract with.
  3. Intellectual Property. Customer shall not make use of Company’s intellectual property. All content included on Website, including, but not limited to, text, graphics, logos, images, and software is Company’s intellectual property or Company’s suppliers, and such intellectual property is protected by copyright and other laws and regulations that protect proprietary rights. Customer shall abide by all copyright and proprietary notices contained in such content and not alter them in any way. Customer’s use of the Website does not entitle Customer to any ownership, proprietary or property rights, nor does it grant Customer any express or implied license to use Company’s intellectual property except as expressly approved by Company in writing.
  • United States Users. Customer shall only make use of Website and Leads if in compliance with all United States laws and regulations. If Customer accesses Website from any location outside the United States, Customer shall be solely responsible for compliance with all relevant international laws and regulations, as well as the laws and regulations of the United States (including federal, state and local laws and regulations in the United States).  
  1. COMPANY’S RETAINED RIGHTS

By creating a login account through Website, Customer consents to all of Company’s retained rights provided under this section.

  1. Changes to Terms. Company reserves the right, in its sole discretion, to change the terms of this Agreement as it pertains to offering Customer access to Website. The most current record of this Agreement will supersede all prior records, which shall be determined by the version of the Agreement made available at ______________________. Customer acknowledges and agrees that it is Customer’s responsibility to review and stay up to date on the most current version of the Agreement upon any notices it receives from Company.
  2. Right to Restrict or Terminate Access. Company reserves the right to terminate Customer’s access to the Website and any other related service, or portion thereof, at any time, and without notice, in Company’s sole and absolute discretion, so long as it does not violate any local, state, or federal laws.
  3. Right to Share Customer’s Use of Website and Services. Company’s responsibilities and obligations under this Agreement is subject to existing laws and regulations, and nothing herein shall preclude Company of the right to comply with any legal, governmental, or court requests relating to Customer’s use of the Website or information gathered by Website or Company with respect to such use.

VII. DISCLAIMERS, LIABILITIES, REPRESENTATIONS, AND WARRANTIES

  1. DISCLAIMER OF LIABILITY AND WARRANTIES. EXECPT AS EXPRESSLY STATED HEREIN, COMPANY DISCLAIMS ALL OF THE FOLLOWING:
  2. COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS, SERVICE PROVIDER CONTACT INFORMATION, OR SERVICE PROVIDER INFORMATION FOR ANY PURPOSE.
  3. COMPANY EXPRESSLY DISCLAIMS THAT SERVICE PROVIDERS LISTED ON WEBSITE ARE NOT VERIFIED, AND THEREFORE PROVIDED “AS IS”. COMPANY DOES NOT EMPLOYE, ENDORSE, OR GUARANTEED ANY OF THE SERVICES OR MERCHANDISE OF SERVICE PROVIDERS LISTED ON WEBSITE, NOR DOES COMPANY CHECK WHETHER SERVICE PROVIDERS ARE PROPERLY LICENSED OR PERMITED UNDER FEDERAL, STATE, OR LOCAL LAWS. CUSTOMER HEREBY ASSUMES ALL RESPONSBILITIES TO FURTHER RESEARCH, VERIFY, HIRE AND PAY (POTENTIAL) SERVICE PROVIDERS, AS WELL AS DEAL WITH SERVICE PROVIDERS DIRECTLY IF ANY ISSUES, DISPUTES OR ACCIDENTS ARISE FROM ANY RESULTING SERVICE PROVIDED BY A HIRED SERVICE PROVIDER.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL THE MATERIALS, RESOURCES AND MATERIALS PROVIDED AND/OR USED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS, LEAD CONTACT INFORMATION, CUSTOMER’S COMMUNICATIONS WITH POTENTIAL SERVICE PROVIDERS, OR SERVICE PROVIDER’S INFORMATION, INCLUDING ALL CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, COMPANY’S PARTNERS AND AFFILIATES, AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCEDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES, CLAIMS, LIABILITIES, AND CAUSES OF ACTIONS FOR ANY LOSS OF USE, DATA, PROFITS, THIRD-PARTY CLAIMS, PERFORMANCE OF WEBSITE, INABILITY TO ACCESS CUSTOMER ACCOUNTS, FAILURE TO PROVIDE SERVICES, LIABILITIES RESULTING (DIRECTLY OR INDIERCTLY) FROM SERVICE PROVIDERS HIRED BY CUSTOMER, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, SERVICES, GRAPHICS, SERVICE PROVIDER CONTACT INFORMATION, YOUR COMMUNICATIONS WITH POTENTIAL SERVICE PROVIDERS, OR SERVICE PROVIDER INFORMATION GENERALLY, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, FRAUD, OR DIRECT OR INDIRECT CONDUCT REGARDLESS OF WHETHER COMPANY OR ITS PARTNERS AND AFFILIATES HAVE BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGES.

IF YOU DISSAGREE WITH ANY PORTION OF THIS DISCLAIMER OR THE TERMS OF USE PROVIDED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE AND REFRAIN FROM USING THE WEBSITE.

  1. Indemnification. Customer shall indemnify, defend, and hold harmless Company, its affiliates, their respective partners, directors, officers, employees, members, managers, shareholders, contractors, representatives and agents against any and all actions, claims, suits, proceedings, liabilities, losses, damages, expenses, and costs (including reasonable attorneys’ fees and related expenses) (collectively, the “Claim”) including, without limitation, that which arises from or relates to use of services offered by service providers listed on Website, or any breach or alleged breach of this Agreement (including, without limitation, any representation or warranty contained herein) by any Customer, third-party, affiliates, or respective partners, directors, officers, employees, members, managers, shareholders, contractors, representatives, and agents.

VIII. MISCELLANEOUS PROVISIONS

  1. Entire Agreement. This Agreement, in addition to all terms and conditions provided on Website, embodies the entire agreement and understanding between Customer and Company on the subjects addressed herein and supersedes all prior discussions, agreements, or understandings between Customer and Company, whether express or implied. If there are any conflicting terms, the terms of this Agreement shall take precedence.
  2. Modification. Except as expressly set forth herein, this Agreement may not be modified or amended except by an instrument in writing signed by Company.
  3. Severability. If, for any reason, any provision or partial provision of this Agreement is held invalid, such invalidity shall not affect the remainder of such provision or any other provision of this Agreement not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.
  4. Headings. The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be a part of, or to affect the meaning or interpretation of, this Agreement.
  5. Waiver. The Parties agree that if, and to the extent that, any party does not require strict compliance with the provisions of this Agreement by any other party, that action or inaction shall not constitute a waiver of, or otherwise affect or prejudice in any manner, that party’s future rights or remedies under this Agreement, including the right to subsequently require strict performance of such provisions. No waiver by any party of a breach of this Agreement by any other party shall be deemed to be a waiver of any other breach by that other party (whether before or after and whether or not of the same or similar nature), and no acceptance of payment or performance by any party after any breach by any other party shall be deemed to be a waiver of any breach by that other party, whether or not the first party knows of the breach at the time it accepts such payment or performance
  6. Incorporation. The introductory paragraph, recitals, and definitions set forth above are hereby incorporated by reference.
  7. No Third-Party Beneficiaries. Nothing in the Agreement is intended or shall be construed to give any person other than the parties hereto, their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect of the Agreement or any provision contained herein, unless expressly stated herein (i.e. disclaiming all liabilities for Company’s partners and affiliates). Each Party agrees that due to the unique nature of the Leads, Consumer Information, and other Confidential Information provided by Company to Customer hereunder, there may be no adequate remedy at law for any breach by Customer of its obligations hereunder, and that any such breach may result in irreparable harm to Company. Therefore, upon any such breach or threat thereof, Company shall be entitled to appropriate equitable relief, including without limitation injunctive relief, in addition to any and all remedies available at law.
  8. Notices. Any and all notices, whether voluntary or required under this Agreement, to Company shall be made to:

Find Top Services

Email: info@find-top-services.com


FTS DISCLAIMER: BY UTILIZING THIS WEBSITE, YOU HEREBY ASSUME ALL RESPONSIBILITES, AND RELEASE FIND TOP SERVICES, AND ITS PARTNERS AND AFFILIATES, INCLUDING, BUT NOT LIMITED TO, LEAD DEPOT, FROM ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, AND CAUSES OF ACTIONS, WHETHER CAUSED DIRECTLY OR INDIRECTLY, FROM YOUR USE OF FIND TOP SERVICES’S WEBSITE AND THE SERVICES PROVIDED BY FIND TOP SERVICES. YOU ACKGNOWLEDGE AND ASSUME FULL RESPONSIBILITY TO VERIFY SERVICE PROVIDER’S LICENSE, AND HIRE, NEGOTIATE, AND CONTRACT WITH THE SERVICES PROVIDER(S) YOU END UP CHOOSING OR BEING MATCHED WITH THROUGH FIND TOP SERVICES.