Constructors, Inc.
378 Cambridge Avenue, Suite M
Palo Alto, CA 94306
Email:policy@econstructors.com
Telephone: 650.321.6444

BINDING AGREEMENT: By clicking "I Agree" on the Registration Page, I agree that access to and use of the Sites will at all times be in accordance with the terms and conditions set forth below in the sections on Privacy, Conferencing, and General Provisions (collectively, the "Terms of Service"), and I agree that my use of the Sites will be deemed to be my affirmative agreement to abide by the Terms of Service.

A. PRIVACY
eConstructors is firmly committed to protecting the privacy of individuals and companies seeking web development and related services ("Buyers"), as well as individuals and companies offering web development and related services to Buyers ("Developers"). Collectively, Buyers and Developers will be referred to below as "Users". Here are our current privacy practices:

1. Contact Information: Contact information will consist of a User’s name, email address, company name, address and telephone number. By providing this contact information, each User is representing that the information provided is accurate in all respects, and each User agrees to update such information periodically to ensure that it remains accurate at all times. This information is explicitly for business transactions via the Sites, and the opportunity to receive offers and participate in surveys directly and solely from eConstructors. We will not give, trade, sell or otherwise distribute any contact information provided by Users to third parties without a User’s express permission to do so.

• For Buyers who have registered at the Sites: Contact information can be changed at http://www.econstructors.com/buy/blogin.html. Communications from us can be terminated at any time by opting out via this same link.


• For Developers listed on the Sites: We publicly display Developer sales contact information (since that is the purpose of our directory on the Sites). However, we have structured the directory search results to minimize the ability of third parties to harvest this sales contact information en masse. We do not display the Developer administrative contact information. Developers may opt out of communications from eConstructors to administrative contacts for offers and surveys (and change sales or administrative contact information) through their private URL that takes them to the Developer Dashboard.
  

8. Changes to the Privacy Policy: Should any of our privacy policies change substantially so as to warrant notice to you, we will make diligent efforts to inform Users on this page of the Sites or via other electronic means, including without limitations the posting of a notice on the homepage of the Sites.

B. CONFERENCING
You acknowledge that you are responsible for the information and material that you submit or upload to the Sites or contribute to its threaded discussions, bulletin boards, chat rooms and/or other user interaction features on the Sites (each a "Submission"), and that you, and not eConstructors, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy described above, you agree that any Submission provided by you in connection with the Sites is provided on a non-proprietary and non-confidential basis. You agree that eConstructors shall be free to use or disseminate a Submission on an unrestricted basis.

1. Conferencing Registration: Conferencing Registration is for the purpose of conveying special privileges to Users of the Sites who wish to become members of the eConstructors community. You must provide your real email address to register, and update this information periodically to ensure the information is correct at all times. You agree that eConstructors can display, reformat, transmit, distribute or delete your Submission without obtaining further permission from you or other restriction. However, eConstructors does not edit Submissions and is not responsible for the content of Submissions posted or any comments or images therein. The conferences are reviewed on a regular basis by a designated host (which may or may not be an eeConstructors’ employee or agent), but the host is not a moderator and does not have the authority to modify the content of a Submission other than to delete objectionable Submissions. In addition, you acknowledge that Submissions from Users do not necessarily represent the opinions of eConstructors and eConstructors is not liable for the content of those Submissions.

2. Basic Rules for Conferencing: eConstructors asks that you respect the eConstructors online community as well as other individuals participating within the eConstructors online community. Your conduct should be guided by common sense and basic etiquette. You agree that the violation of the prohibitions set forth below may result in revocation of a your privileges to access and use the Sites or eConstructors taking other measures deemed appropriate by law. You agree not to engage in any of the following activities, which are expressly prohibited:

• Impersonate or represent eConstructors, eConstructors’ staff, other industry professionals or any third party that you do not have the legal right to represent.
• Link to content not allowed in the Sites.
• Solicit a User’s password or other account information.
• Harvest screen names for any unauthorized purpose.
• Use offensive language respecting race, ethnicity, age, disability, gender or sexual orientation.
• Discuss or incite illegal activity.
• Disrupt the flow of chat in chat rooms in any manner, including without limitation vulgar language, abusiveness, repeatedly hitting the return key or inputting large images to make review of the material on the screen difficult for other participants.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post unsolicited advertisements (except in areas designated for this purpose, with the express consent of eConstructors)
• Harass, threaten, embarrass, or do anything else to another participant that is unwanted.

3. Guidelines for Conferencing: In addition to the conferencing restrictions above set forth about, eConstructors recommends the following guidelines to members for the best online experience:

• Keep discussions on-topic
• Ensure that you give truthful accounts of your web development experiences, and that comments relate to companies rather than being personally directed at any named individual.
• Do not give out personal information to or accept files from unknown persons.
• Use copyrighted material and images only with permission from the lawful owner.
• This is a business community, so using a real name and profile will be taken much more seriously and respectfully by other members and eConstructors

C. GENERAL PROVISIONS
1. Copyright Notice: You acknowledge that the Sites contain information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or later developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and eConstructors owns a copyright in the selection, coordination, arrangement and enhancement of such Content. Although you may view the Content for your informational use, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. eConstructors and the eConstructors logo are trademarks of eConstructors. You agree not to "frame" or "mirror" any Content without the advance written authorization of eConstructors. All other trademarks appearing on the Sites are trademarks of their respective owners. If you would like information about licensing Content from eConstructors and/or its licensors, please contact us at bizdev@econstructors.com

2. General Terms: If you are not in compliance with the Terms of Service, eConstructors may terminate your right to access the Sites. eConstructors may discontinue or alter any aspect of the Sites at any time, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Sites for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use the Sites, at eConstructors’ sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Sites through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Sites. You certify that you are an individual and at least eighteen (18) years of age or have specific permission from a parent or legal guardian to use the Sites. In your use of the Sites, you may enter into correspondence with, purchase of good and/or services, or participate in promotions of advertisers or members or sponsors showing their goods and/or services on the Site, and all such interactions, including the delivery of and the payment for goods and/or services, are solely between you and the applicable third party. The Sites may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by eConstructors. Such links do not constitute an endorsement by eConstructors of those sites.

3. Rules of Conduct: You will not engage in any conduct that in eConstructors’ determination restricts or inhibits any other person from using or enjoying the Sites. You agree to use the Sites only for lawful purposes. eConstructors may elect to electronically monitor the Sites for adherence to the Terms of Service and may disclose any Content, records or electronic communication of any kind: (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate the Sites, or (iii) to protect the rights or property of eConstructors or its partners. eConstructors reserves the right to prohibit conduct, communication or Content which it deems in its sole discretion to be harmful to individual users or other third-party rights, or to violate any applicable law.

4. DISCLAIMER OF WARRANTY: YOU AGREE THAT YOUR USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. THE SITES ARE PROVIDED "AS IS" AND "WHERE-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITES, INCLUDING WITHOUT LIMITATION ANY SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SITES. SPECIFICALLY, eConstructors DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION : 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE VIA THE SITES; AND 2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

5. LIMITATION OF LIABILITY: YOU SPECIFICALLY ACKNOWLEDGE THAT eConstructors IS NOT LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES ON THE SITES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER eConstructors NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITES OR INABILITY TO GAIN ACCESS TO OR USE THE SITES OR OUT OF ANY BREACH OF ANY WARRANTY, WHETHER OR NOT eConstructors WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT CONTAINED ON AND ALL ASPECTS OF THE SITES.

6. Indemnification: You agree to indemnify and hold eConstructors, its partners, agents, affiliates and content partners harmless from any costs, damages, liabilities, expenses (including reasonable attorneys’ fees) arising from a claim: (i) that you have breached the Terms of Service, (ii) relating to your Submissions or your use of the Sites or use of the Sites by a third party under your password and/or account information, if applicable.

7. General Provisions: These Terms of Service and any dispute arising hereunder shall be construed and controlled by the laws of the State of California, without regard to its provisions on conflicts or choice of law. You irrevocably agree to personal jurisdiction by the state and federal courts sitting in the State of California. eConstructors controls and operates the Sites from its headquarters in the United States of America and makes no representation that the Content and/or the Sites are appropriate or will be available for use in other locations. If you access the Sites from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of eConstructors to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eConstructors in writing. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous or contemporaneous agreements, proposals and communications, written or oral between any eConstructors representatives and you. eConstructors may amend or modify these Terms of Service or impose new conditions at any time upon notice from eConstructors to Users as published through the Sites. Any use of the Sites by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions. You acknowledge that you have no right to amend these Terms of Service, and that your only recourse and remedy if you do not agree to each and every term of these Terms of Service is to discontinue use of the Sites.

8. Copyrights and Copyright Agent: eConstructors respects the intellectual property of others, and eConstructors asks you to do the same. eConstructors may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide eConstructors’ copyright agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

eConstructors' copyright agent for notice of claims of copyright infringement on the Sites is our Directory Manager, who can be reached as follows: (i) by mail at the company address listed at the top of the page, (ii) by phone at 650.321.6444 and (iii) by e-mail at directory@econstructors.com