Terms Of Service
Last Updated: June 9, 2022
PLEASE READ THE FOLLOWING TERMS OF SERVICE AND DISCLAIMER AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU (THE USER AND/OR VISITOR) TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Ask A Trade Pro LLC, a company duly organized and validly existing in Massachusetts. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (www.askatradepro.com) is operated by Ask A Trade Pro LLC (the “company”). Throughout the Site, the terms "we", "us" and "our" refer to the company. We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Services" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users, visitors, and professionals of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content and/or services. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products, services, or Site, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
a) Restrict, suspend or terminate your access to all or any part of our Site;
b) Change, suspend or discontinue all or any part of our products or Site;
c) Refuse, move, or remove any content that is available on all or any part of our Site;
d) Deactivate or delete your accounts; and/or
e) Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of our licensors except as expressly authorized by these Terms.
CONDUCT
As a user or visitor of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Site and Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Site and Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Ask A Trade Pro LLC.
Furthermore, you herein agree not to make use of Ask A Trade Pro LLC's Site or Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides, hosts, or professionals or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Ask A Trade Pro LLC Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations having the force of law;
l) "stalking" or with the intent to otherwise harass another individual; and/or
m) collecting or storing of any personal data relating to any other user or visitor in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Ask A Trade Pro LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Site and Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms, or which would otherwise be considered offensive to other visitors and/or users.
Ask A Trade Pro LLC herein reserves the right to access, preserve and/or disclose user and/or visitor information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Ask A Trade Pro LLC, its visitors and users, including the general public.
Ask A Trade Pro LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Ask A Trade Pro LLC or any other content providers supplying content services to Ask A Trade Pro LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Site or Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SUBMITTED CONTENT
Ask A Trade Pro LLC shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Ask A Trade Pro LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Ask A Trade Pro LLC's Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Site and Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license is intended to be for unlimited time and shall not expire or terminate even if you elect to discontinue your use of the Site.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Ask A Trade Pro LLC's Site and Services, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Site and Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license is intended to be for unlimited time and shall not expire or terminate even if you elect to discontinue your use of the Site.
Those areas which may be deemed "publicly accessible" areas of Ask A Trade Pro LLC's Site are those areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users and visitors. There are areas of the Site and Services that are not available to the general public and are thus reserved for professional use.
CONTRIBUTIONS TO COMPANY WEBSITE
Ask A Trade Pro LLC may provide an area for our users, visitors, and professionals to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) we shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) we shall be entitled to make use of and/or disclose any such Contributions in any such manner as we may see fit;
d) the contributor's Contributions shall automatically become the sole property of Ask a Trade Pro LLC; and
e) we are under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
ASSUMPTION OF RISK
Your access and use of our Site, Services, and/or Software is at your sole risk. Nothing posted or linked to on the Site nor any access to or usage of any Services are intended to be instructional and we do not control, are not responsible for and make no representations or warranties as a result. You are solely responsible for your access to, use of and/or reliance on any content and Services. Ask A Trade Pro LLC does not vet the standard of work by any professional, visitor, or guest of this Site. The information you learn or receive should not be relied on to suggest a course of action for your situation. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any information you learn or receive. Ask a Trade Pro LLC will not be held liable for the outcome of using the Site, Services and/or Software.
INDEMNITY
All users, visitors and/or professionals agree to insure and hold Ask A Trade Pro LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user, visitor, or professional of our Site or Services may submit, post, modify, transmit or otherwise make available through our Site or Services, the use of the Site or Services or your connection with the Site or Services, your violations of the Terms and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user or visitor herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Ask a Trade Pro LLC Site or Services.
MODIFICATIONS
Ask A Trade Pro LLC reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Site or Services, or any part thereof.
TERMINATION
As a user or visitor, you agree that Ask A Trade Pro LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your access to any of our Site or Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, law, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Site or Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities or a manner inconsistent with the Terms; and/or
g) the nonpayment of any associated fees that may be owed by you in connect with your www.askatradepro.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination, discontinuance, suspension and/or limitation of access to any of our Site or Services.
PAYMENT PROCESSOR
Your access to and usage of our Services may require payment to purchase. When you purchase any Services from our Site, you will be using a third-party payment processor, currently Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by the third-party payment processor. You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and hat the information that you supply to us and to the third-party payment processor(s) is true, correct and complete.
We do not collect or store the information and/or data you provide to Stripe.
CANCELLATION AND REFUND POLICIES
You may cancel any purchases made on the Site and of our Services prior to provision and/or performance of the Service purchased. You may cancel your order by contacting us and via the Website. You must cancel your purchase at least 24 Hours prior to the date and time, based on Eastern Standard Time, of your scheduled Service to receive a full refund. If you cancel your purchase less than 24 Hours prior to the date and time, based on Eastern Standard Time, of your scheduled Service you will be charged a late cancellation fee of 50% of the total amount you paid. We do not offer refunds for any purchase made on or through our Site after the Service has been performed.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will issue you a refund of the full amount paid by you if we cancel your purchase.
LINKS
The company, users, visitors, and/or professionals may provide links to other websites and/or resources on the Site or as part of performing Services. You acknowledge and agree that Ask a Trade Pro LLC is not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Ask A Trade Pro LLC shall not be responsible or liable, directly or indirectly, for any damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of or the reliance on any such content, goods, or services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Ask A Trade Pro LLC's Site and Services and any essential software that may be used in connection with our Site and Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Site or Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Ask A Trade Pro LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Ask A Trade Pro LLC Services (e.g. Content or Software), in whole or part.
Ask A Trade Pro LLC hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Site or Services. Lastly, you also agree not to access or attempt to access our Site or Services through any means other than through the interface which is provided by Ask A Trade Pro LLC for use in accessing our Site or Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF ASK A TRADE PRO LLC SITE, SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SITE, SERVICES, AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ASK A TRADE PRO LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, PROFESSIONALS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b ) ASK A TRADE PRO LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, PROFESSIONALS, AND LICENSORS MAKE NO WARRANTIES THAT (i) ASK A TRADE PRO LLC SITE, SERVICES, OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ASK A TRADE PRO LLC SITE, SERVICES,OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ASK A TRADE PRO LLC SITE, SERVICES, OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE, SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ASK A TRADE PRO LLC SITE, SERVICES, OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ASK A TRADE PRO LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SITE, SERVICES, OR SOFTWARE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SITE, SERVICES, OR SOFTWARE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ASK A TRADE PRO LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, PROFESSIONALS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SITE OR SERVICES;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SITE OR SERVICE; AND
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SITE OR SERVICE.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF ASK A TRADE PRO LLC. THE AGGREGATE LIABILITY OF ASK A TRADE PRO LLC CONCERNING, ARISING OUT OF, OR RELATING TO THIS SITE, SERVICES, AND SOFTWARE, WHETHER CONCERNING, ARISING OUT OF, OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY ASK A TRADE PRO LLC BY YOU.
RELEASE
In the event you have a dispute, you agree to release Ask A Trade Pro LLC and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, members, professionals, and any other third parties from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to, concerning, and/or related to such dispute.
NOTICE
Ask A Trade Pro LLC may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Site or Services, or other reasonable means currently known, or which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Site or Services in an unauthorized manner and/or in violation of the Terms. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Site or Services in an authorized manner.
INTELLECTUAL PROPERTY RIGHTS
All contents of this Website are ©2021 - 2022 Ask a Trade Pro LLC or third parties. All rights reserved. You herein acknowledge, understand and agree that all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Ask a Trade Pro LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Ask a Trade Pro LLC or third parties in the United States and/or other countries. You herein agree not to display and/or use in any manner the Ask A Trade Pro LLC logo or marks without obtaining Ask A Trade Pro LLC's prior written consent.
Ask A Trade Pro LLC will always respect the intellectual property of others, and we ask that all of our users, visitors, and professionals do the same. With regards to appropriate circumstances and at its sole discretion, Ask A Trade Pro LLC may disable and/or terminate the account of any user who violates our Terms and/or infringes upon the rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity. If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website. You may submit your claim to us by contacting us at:
Ask a Trade Pro LLC
Support
support@askatradepro.com
781-653-5800
Ask a Trade Pro
10 Common Street #747
Walpole, MA 02081
UNITED STATES
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Ask A Trade Pro LLC and shall govern the use of our Site and Services, superseding any prior version of this Agreement between you and us with respect to Ask A Trade Pro LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ask A Trade Pro LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Ask A Trade Pro LLC with regard to the Agreement that the relationship between us shall be governed by the laws of the state of Massachusetts without regard to its conflict of law provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS. You and Ask A Trade Pro LLC further agree that any and all claims, causes of action and/or disputes, concerning, relating to, and arising out of the Agreement, the relationship between you and Ask A Trade Pro LLC, and your usage of the Site and Services shall be filed within the courts having jurisdiction within Suffolk County, Massachusetts. You and Ask A Trade Pro LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
YOU AND ASK A TRADE PRO LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Ask A Trade Pro LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to the contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted. All rights and benefits in the Terms of Ask A Trade Pro LLC are fully transferrable and assignable at the company’s sole discretion.
FOREIGN ACCESS OF SITE; EXPORT/IMPORT COMPLIANCE
The Site is controlled, operated and administered by from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Ask A Trade Pro LLC’s content accessed through the Site and Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations as well as the sanctions control program of the United States.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product and services descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have made a purchase).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
PRIVACY POLICY
Data and various personal information are protected by the Ask A Trade Pro LLC Online Privacy Policy (see the full Privacy Policy at https://askatradepro.com/privacy-policy/). By using this site, you herein consent to the collection and use of the information and data you provide, including the transfer of information with the United States and/or other countries for storage, processing or use by Ask A Trade Pro LLC and/our subsidiaries and affiliates in accordance with our Privacy Policy.