REVISED 22 AUGUST 2019
ISLAND TRADESMAN (“Island Tradesman”) provides connections to a variety of service contractors (hereinafter referred to as “Tradesmen”) with respect to the provision of products and services (hereinafter referred to as “Services”). Island Tradesman conducts all due diligence leg-work by interviewing and viewing a finished service/product of the tradesman, and confirming any credentials claimed. Island Tradesman will ensure that the minimum tools needed for undertaking the tasks are available. Island Tradesman takes high quality photos/videos of the providers and the product, which are posted on Island Tradesman website. Customers acquired through Island Tradesman will be encouraged to subsequently offer their reviews and rating. In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this subscriber agreement (“this Agreement”). This Agreement may be modified by Island Tradesman from time to time at its sole discretion, and You will receive notice if modifications to the Agreement are made. Island Tradesman strongly recommend that, as You read this Agreement, You should also access and read the linked information.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. SUBMISSIONS OF REVIEWS
In order for You to submit Your own reviews and ratings on the Website, You acknowledge and agree that:
a. all of Your reviews and ratings will either be based upon: your actual first-hand experiences with Island Tradesman and the tradesmen you are reviewing;
b. all of Your reviews and ratings of Island Tradesman and their Tradesmen that you are rating will be accurate, truthful and complete in all respects;
c. You do not work for, own any interest in, or serve on the board of directors of Island Tradesman or their Tradesmen for which you submit reviews and ratings;
d. You do not work for, own any interest in or serve on the board of directors of Island Tradesman, for which you submit reviews and ratings;
e. You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Tradesman is an individual) to any of the Tradesmen for which you submit reviews or ratings;
f. Your name and review information will be made available to Island Tradesman on which You review; and
g. Island Tradesman may modify, adapt, or reject your reviews if they do not conform with Island Tradesman’s publication criteria, which may change from time to time at Island Tradesman’s sole discretion.
2. DISPUTE RESOLUTION PROCESS
If you have a dispute with a Tradesman, You may request Island Tradesman’s assistance in communicating with that Tradesman about your desired resolution (the “Dispute Resolution Process” or the “DRP”).
You may request to participate in the DRP through our Website or by contacting a customer service representative. You then will be requested to complete and return to Island Tradesman certain documentation relating to your complaint. Shortly thereafter, a member of our Dispute Resolution Team will contact you to obtain additional information and understand Your desired resolution. The Dispute Resolution Team then will contact the Service Provider to explain your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Tradesman agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, Your review regarding the Tradesman will be removed, and You will have the opportunity to submit updated feedback about Your experience. If the Tradesman responds but does not resolve the matter as described above, Your feedback shall remain unchanged.
Your participation in the DRP is at Island Tradesman’s sole discretion. We reserve the right to reject your request to participate for any reason.
The DRP is not a legal forum and Island Tradesman does not, at any time, become a party to Your dispute with the Tradesman. Island Tradesman is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Service Provider, Island Tradesman encourages you to consult with an attorney. Island Tradesman does not guarantee that your participation in the DRP will result in a satisfactory outcome or your desired resolution.
You agree that, by offering the DRP, Island Tradesman does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 5 (Tradesmen), 13 (Warranty Disclaimer), and 14 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Island Tradesman may—in its sole discretion and without notice—change the DRP program, including without limitation, its name, process, and/or function.
3. CONTENT LICENSE
Although Island Tradesman does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the “Content”), by providing Content for the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Island Tradesman an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Island Tradesman with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
4. PUBLICATION AND DISTRIBUTION OF CONTENT
Island Tradesman does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Island Tradesman simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Tradesmen in response to Content (“Tradesman Content”). You understand that all Content and Tradesman Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Island Tradesman does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Island Tradesman has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Island Tradesman member or any Service Provider. However, Island Tradesman reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Island Tradesman be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Island Tradesman relating to Content or Service Provider Content, and release Island Tradesman from any and all liability for or relating to any Content or Service Provider Content.
Island Tradesman does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Tradesmen. You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Island Tradesman is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Island Tradesman. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Tradesmen.
You agree that Island Tradesman is not responsible for the accessibility or unavailability of any Service Provider or for Your interactions and dealings with them, waive the right to bring or assert any claim against Island Tradesman relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Island Tradesman from any and all liability for or relating to any interactions or dealings with Tradesmen. In addition, You agree that Island Tradesman may exclude Tradesmen from displaying in search results on the Island Tradesman Website for failing to meet particular Island Tradesman standards regarding conduct.
Island Tradesman may, in its sole discretion, have criminal and/or financial background checks conducted on certain Tradesmen. By having such background checks conducted, ISLAND TRADESMAN DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 13 (WARRANTY DISCLAIMER), OR SECTION 14 (LIMITATION OF LIABILITY).
6. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
a. are above the age of eighteen (18);
b. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, , national or international laws;
c. will not submit any reviews that may be considered by Island Tradesman to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
d. will submit thorough and thoughtful reviews of the Tradesmen and/or Island Tradesman You review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
e. will not submit reviews that comment on other users or the reviews of other users;
f. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Island Tradesman, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
g. will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
h. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
i. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
j. will not take any action that would undermine the review and rating process under the Service;
k. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
l. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
m. will not use the Service in any way that could interfere with the rights of Island Tradesman or the rights of other users of the Service;
n. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Island Tradesman in connection with the Service;
o. agree not to re-sell or assign Your rights or obligations under this Agreement;
p. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
q. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of Island Tradesman, which consent may be withheld by Island Tradesman in our discretion;
r. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
s. agree not to create an account or use Island Tradesman services if Your account previously has been terminated by Island Tradesman or if You previously have been banned from using the services; and
t. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, Island Tradesman personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that You provide do not reflect the views of Island Tradesman, its officers, managers, owners, employees, agents, designees or other users. In addition, Island Tradesman retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Island Tradesman may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Island Tradesman may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
7. DISCLOSURE OF INFORMATION
As Island Tradesman continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
8. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as You hold to the points of this Agreement.
9. MODIFICATION OF TERMS AND CONDITIONS
Island Tradesman will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.islandtradesman.com. You will receive notice if modifications to the Agreement are made. Island Tradesman will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
10. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Island Tradesman reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Island Tradesman will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Island Tradesman may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Island Tradesman has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that Island Tradesman has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Island Tradesman is not responsible for any delays, failures or other damage resulting from such problems.
12. USER FEEDBACK
Island Tradesman appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “ Submissions”), such Submissions will be the property of Island Tradesman. In addition, none of the Submissions will be subject to any obligations of confidentiality and Island Tradesman will not be liable for any future use or disclosure of such Submissions.
13. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Island Tradesman and/or its licensors and are protected by all Jamaican and international copyright laws.
14. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ISLAND TRADESMAN ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ISLAND TRADESMAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ISLAND TRADESMAN COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISLAND TRADESMAN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ISLAND TRADESMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY TRADESMAN OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ISLAND TRADESMAN OR THE FAILURE OF ISLAND TRADESMAN TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY TRADESMAN (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY JAMAICAN LAW. You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your Island Tradesman’s Subscription Fee. THEREFORE, TO THE EXTENT ISLAND TRADESMAN IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ISLAND TRADESMAN’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR SUBSCRIPTION FEE.
You agree to indemnify, defend and hold harmless Island Tradesman, its officers, managers, owners, employees, agents, designees, users, successors, assigns, tradesmen and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Island Tradesman or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or wilful violation of any rights of another or harm You may have caused to another. Island Tradesman will have sole control of the defence of any such damage or claim.
17. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Island Tradesman to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of Island Tradesman’s damages for the specified breaches of this Agreement:
a. If You post Content in violation of this Agreement, You agree to promptly pay Island Tradesman One Thousand United States Dollars($1,000US) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
b. If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand United States Dollars Dollars ($1,000US) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
c. If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred United States Dollars ($100US) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.
d. Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by Island Tradesman, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that Island Tradesman may communicate any notices to You under this Agreement, through electronic mail, regular mail, fax or posting the notices on the Website. All notices to Island Tradesman will be provided by either sending: (i) an email to email@example.com or (ii) a letter, by certified mail, to Island Tradesman, 4 Surbiton Road, Unit 12, Kingston 10 Attn: The Managing Director. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Copyright Act of Jamaica and any amendments to the said act, Island Tradesman will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
e. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Island Tradesman will investigate notices of copyright and trademark infringement and take appropriate actions under the Copyright Act of Jamaica and any amendment made in relation to same Inquiries that do not follow this procedure may not receive a response.
19. ENTIRE AGREEMENT
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Island Tradesman. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Island Tradesman regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Tradesmen and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Island Tradesman under this Agreement.
20. GOVERNING LAW
This Agreement and the relationship between You and Island Tradesman will be governed by the laws of Jamaica, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of Jamaica and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Island Tradesman may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
21. PROVISIONS REMAINING IN EFFECT
After eighteen (18) months, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 3, 5, 6, 8 and 15 through 22.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Island Tradesman’s rights if Island Tradesman fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Island Tradesman agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Island Tradesman as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.