1. The Contractor Finder Program (the "Program") is intended to serve only as an informational resource for Company website users. The Company exercises no control or direction over the operations of any contractor listed in connection with the Program (the "Referred Parties"). The Company does not endorse or make any representations or warranties regarding the quality or fitness of the products or services of the Referred Parties. Any designation of training completed, certification received, or other information provided by the Company regarding the Referred Parties is for informational purposes only, and shall in no way constitute a representation or guaranty of any nature, or otherwise obligate the Company to you in any manner. It is understood there are no oral or other agreements between the Company and you with regard to the subject of this Agreement which are not incorporated herein. The extent of the Company's obligation is covered in this Agreement and this Agreement only. This is a legally binding contract. This clause is not a mere recitation of fact, but is intended to be an absolute and binding acknowledgment of legal consequences.
2. You agree to not contract with the Referred Parties to provide any building materials which are not provided by the Company (concrete, nails and rebar excepted). In the event of any breach of this provision, you shall promptly remit to the Company 30% of the value of said materials or $5000, whichever is greater.
3. You expressly assume all risk of non-performance or faulty performance by the Referred Parties, as well as the risk of any other damage or cause of action arising from the products or services provided by the Referred Parties. You agree to waive any and all claims against the Company, its officers, directors, employees and representatives, and hold them harmless, for any damages or losses of any kind to person or property, including direct, indirect, incidental, consequential or punitive damages arising out of or relating to the use of the program and links from the program and the provision of services related thereto, including but not limited to materials supplied or work performed by any of the referred parties
4. The Company disclaims any and all liability for damages or losses of any kind to person or property, including direct, indirect, incidental, consequential or punitive damages, attorney fees or costs, arising out of or relating to the use of the program and links from the program and the services related thereto, including but not limited to, materials supplied or work performed by the referred parties listed on the program. The Company disclaims all warranties of any kind, either express or implied warranties of merchantability or fitness for a particular purpose. No advice or information obtained by you from Company personnel or through the Company website shall create any warranty by the Company whatsoever.
5. This Agreement will be interpreted using South Dakota law. You waive any applicable statute of limitations as the law allows. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect.
6. DISPUTES AND REMEDIES: This clause expressly supersedes all statutes and court rules dealing with determination of prevailing party, offers of settlement, and the award of attorney's fees, and is the sole and exclusive procedure for resolving disputes. The right to small claims proceedings against the Company by you is hereby waived. Regardless of any individual State's regulations, laws, codes or prior rulings to the contrary, any dispute between the parties over $3,000 shall be decided according to the Mandatory Arbitration Rules (MAR) of Roberts County in the State of South Dakota. AND in all cases the parties expressly submit themselves to the venue and jurisdiction of Roberts County in the State of South Dakota. The arbitrator's award shall not be limited by otherwise applicable MAR rules. The arbitrator shall have authority to determine the amount, validity and enforceability of a lien and to award equitable relief. The parties each waive their right to file any appeal for a trial de novo in Superior Court. Provision is hereby made for Judicial review of the Arbitrator's award (or lack thereof) of attorney's fees. You acknowledge this Disputes and Remedies clause is not a mere recitation of fact, but is intended to be the absolute and binding contractual agreement, for resolving disputes, between you and the Company.