Bootstrap Development, LLC Terms of Service

January 2012

This Agreement governs your use of or interaction with the BootstrapDevelopment.com web site (the “Site”) operated by Bootstrap Development, LLC, including, without limitation, access to web logs and forums, and any and all services offered by Bootstrap Development on or through the Site (“Services”), together with all of the foregoing uses and services, to be hereinafter referred to as the “Site”.

Please read the following terms and conditions of use (“Terms”) carefully as they contain the legal terms and conditions of an agreement (“Agreement”) that you agree to when you access the Site or use the Services.

BY ACCESSING OR USING THE SITE OR ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS APPLICABLE TO ALL USERS OF THE SERVICES, INCLUDING CASUAL VISITORS TO THE SITE. IF YOU CHOOSE TO CREATE A PROFILE, CREATE OR SEARCH FOR JOBS, CREATE REVIEWS OR RECOMMENDATIONS, YOU MUST BECOME A MEMBER OF THE SITE BY REGISTERING FOR AND CREATING AN ACCOUNT ON THE SITE AND YOU MUST ALSO READ AND AGREE TO BE BOUND BY THE TERMS APPLICABLE TO MEMBERS, BY CLICKING THE “ACCEPT” BUTTON SET FORTH AT THE END OF ACCOUNT CREATION FORM. 

For the purposes of this Agreement, “you” means you, the person using the Site, and, if applicable, the person that agrees to the Terms applicable to members when registering for an account (“Member”).  You and any persons that you authorize to use your account are referred to in this Agreement as the “User.”  “Bootstrap Development, LLC,” “we” or “us” means Bootstrap Development, LLC.  In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.

1. Description of the Site and Membership

The Site provides, among other things, an online marketplace for posting and finding jobs.  Furthermore, the Site is divided generally into two sections: a public section and a private section. The public section offers to all visitors, among other things, general information about the Site, the ability to view and post comments on the official Bootstrap Development, LLC Web log (the “Bootstrap Development, LLC Blog”), and a process by which visitors can register to become Members, as further described below. The private section is only accessible by Members. The private section offers to Members (in addition to all services available in the public section) the ability to create profiles, search for jobs and technicians, post and respond to jobs, and write and respond to reviews and recommendations, and the ability to access their accounts on the Site (“Membership Accounts”).

When a visitor to the Site registers to become a Member, he or she will select an available user name (“Membership Name”) and a corresponding user password (“Membership Password”) to create a unique, personal Membership Account. The Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).

2. General Acknowledgements and Agreements

Your use of the Site constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Site or use any services offered on the Site.

Bootstrap Development, LLC shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon member notification and/or publication of such changes on the Site. Your continued use of the Site after the effectiveness of such changes and/or notice constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Site.

If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by Bootstrap Development, LLC, do not use the Site.

Services on the Site are available only to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Site are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Site. Your Membership Account on the Site may not be sold or otherwise transferred to another person or entity. If your use of the Site is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

3. Images

You may only upload or download Images to or from the Site in accordance with the terms and conditions of this Agreement. You may not use, reproduce, distribute, display or create derivative works based on any Images that appear on the Site.

4. Restrictions

You agree that you shall not use the Site in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.

You shall not upload or post onto the Site, or use the Site to transfer, any Image or other material or content that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents.  Bootstrap Development, LLC does not permit copyright infringing activities and infringement of intellectual property rights on this Site, and Bootstrap Development, LLC will remove all Images if properly notified that such Image infringes on another party’s intellectual property rights. Bootstrap Development, LLC reserves the right to remove Images without prior notice. Bootstrap Development, LLC may terminate a User’s access to this Site if the User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User submission removed from the Site more than twice.

You shall not upload or post onto the Site, or use the Site to transfer, any Image or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.

You shall not upload or post onto the Site, or use the Site to transfer, any Image or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features.

You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Site, or obtain any services or information not intentionally made available to you by Bootstrap Development, LLC on or through the Site.

You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the Site.

You shall not use any false or misleading information (e.g., false or misleading names, email addresses, Taxpayer Identification Numbers or URLs) when using the Site, including, without limitation, with respect to the origin or source of any Image or other material or content that you upload or any identifying information for your Membership Account.

Bootstrap Development, LLC reserves the right to decide whether any Image is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Bootstrap Development, LLC may remove any such Image and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

5. Notification of Claims of Infringement

If you are a copyright owner or an agent thereof and believe that any Image or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) 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 Bootstrap Development, LLC to locate the material;

(iv) Information reasonably sufficient to permit Bootstrap Development, LLC to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) 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 owner, its agent, or the law; and

(vi) 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.

Bootstrap Development, LLC’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Bootstrap Development, LLC, 4107 Nevis St., Boulder, CO 80301; email: copyright [at] bootstrapdevelopment.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to help [at] bootstrapdevelopment.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.

6. Management and Operation of the Site

You acknowledge and agree that Bootstrap Development, LLC has no obligation to review any Images or other material or content uploaded or posted onto the Site, and shall have no responsibility for any such Images or other material or content. Bootstrap Development, LLC shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Images or other material or content uploaded or posted onto the Site. If you upload or post any Images or other material or content onto the Site, or any Images or other material or content is uploaded or posted onto the Site using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Images or other material or content.

You acknowledge and agree that Bootstrap Development, LLC shall have no responsibility for any material or content on other Web sites to which you may hyperlink or otherwise access from the Site, including any Web log, comments to any Web log, or any forum on the Site. You acknowledge and agree that Bootstrap Development, LLC shall have no responsibility for any material or content on Web sites from which you may be hyperlinked or otherwise be directed to the Site.

Bootstrap Development, LLC reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Site at any time. You acknowledge and agree that Bootstrap Development, LLC has no obligation to make, or continue to make, the Site or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Bootstrap Development, LLC). Bootstrap Development, LLC reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.

You acknowledge and agree that Bootstrap Development, LLC may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Site. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Site.

You acknowledge and agree that Bootstrap Development, LLC may also store personal information about you on its computers within or outside the U.S. By using this Site you acknowledge and agree that Bootstrap Development, LLC may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any Image violates the rights of third-parties; or to protect the rights, property, or personal safety of Bootstrap Development, LLC, its Users or the general public.  Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://www.bootstrapdevelopment.com/privacy.htm.

7. Membership Account

You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided by Bootstrap Development, LLC to you, and the Membership Password selected by you and approved by Bootstrap Development, LLC for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity other than a User.

You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and Corresponding Password, and that Bootstrap Development, LLC may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Site.

8. Bootstrap Development, LLC Warranties and Disclaimer

Bootstrap Development, LLC uses reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Bootstrap Development, LLC. Bootstrap Development, LLC will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Bootstrap Development, LLC. You agree that Bootstrap Development, LLC shall not be liable to you for any modification, suspension or discontinuance of the Service. You understand and agree that the Service is provided “AS-IS” without any warranty of any kind. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, Bootstrap Development, LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, BOOTSTRAP DEVELOPMENT, LLC MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR THE SERVICES ON THE SITE, OR ANY IMAGES OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY IMAGES OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.

9. Indemnification

You agree to indemnify, defend and hold harmless Bootstrap Development, LLC and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Site (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Image or other material or content whether or not intentional. Bootstrap Development, LLC shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Bootstrap Development, LLC in the defense of any such claim, action or matter.

10. Limitations of Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY IMAGES OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Bootstrap Development, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF Bootstrap Development, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING THE SERVICES, FROM ANY CHANGES TO THE SITES, INCLUDING ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.

IF YOU ARE DISSATISFIED WITH THE SITES, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL Bootstrap Development, LLC HAS BREACHED THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES.  THE TOTAL LIABILITY OF BOOTSTRAP DEVELOPMENT, LLC TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF THE SITES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION.  IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Bootstrap Development, LLC shall have no responsibility for any Images or other material or content uploaded or posted onto the Site, including, without limitation any material or content uploaded or posted by any Member onto the Site in any forum or as any comment to a Web log.

11. Term and Termination

This Agreement shall continue in perpetuity unless terminated in accordance with this Section 11. Bootstrap Development, LLC at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Site. You may at any time terminate this Agreement by notifying Bootstrap Development, LLC at support [at] bootstrapdevelopment.com. In the event termination is by Bootstrap Development, LLC, Bootstrap Development, LLC shall notify you of such termination. Bootstrap Development, LLC reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.

12. Effect of Termination

Upon any termination of this Agreement:

(a) your Membership Account shall be cancelled and closed and your Membership Name and Membership Password shall be deactivated;

(b) all Images uploaded by you may be removed from the Site; provided, however, that Bootstrap Development, LLC may continue to use the Image for internal archival and reference purposes.

Termination of this Agreement shall not relieve you from any other obligations pursuant to any other agreement that has not been specifically terminated. The provisions of Sections 7, 9, 10, 12 and 14 shall survive the termination of this Agreement.

13. Suspension

Bootstrap Development, LLC reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time. In the event, and for so long as, Bootstrap Development, LLC suspends your Membership Account, you shall not have access your Membership Account using your Membership Name and Membership Password.

14. Miscellaneous

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Bootstrap Development, LLC will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Bootstrap Development, LLC’s reasonable control.

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of Colorado, and you and Bootstrap Development, LLC each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.

The relationship between Bootstrap Development, LLC and you under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Site.

No waiver on the part of Bootstrap Development, LLC to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Bootstrap Development, LLC to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Bootstrap Development, LLC shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.

This Agreement shall be inure to the benefit of, and be binding upon, Bootstrap Development, LLC and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Bootstrap Development, LLC and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Site are registered and unregistered trademarks of Bootstrap Development, LLC, Inc. its affiliates and others.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Bootstrap Development, LLC, Inc. or such third party that may own the Trademark displayed on the Site.  Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.

This Agreement, along with the Contributor Agreement and the License Agreement, the extent applicable, constitute the entire agreement between you and Bootstrap Development, LLC and governs your use of the Sites, superseding any prior agreements between you and Bootstrap Development, LLC.  If any provision in this Agreement is inconsistent with or contradicts any provision in the Contributor Agreement or the License Agreement, the terms in the Contributor Agreement or License Agreement shall control and take precedence.