Terms & Conditions of Use

We are pleased to offer you access to our App, including our Website, which allows you to easily engage with constructional professionals in your area, arrange to work with them on on-going and future projects, and presents you with an opportunity to generate more business (the “App” or the “Services”). Your use of the App, the Website, or any features, content, products, services, or promotions relating to our App or Website, are subject to these Terms and Conditions of Use (“Terms of Use”) and our privacy policy (“Privacy Policy”) (collectively, the “Agreement”). 

By downloading or accessing the App or accessing www.subcontacts.com ("Our Website") or otherwise using services provided by SubContacts, Inc., its partners, and its affiliates (the “Company”), you agree to accept these terms and conditions.  

1. Use of App or Website

You acknowledge and agree that the Company is the owner of, or has rights in and to, the App, including Our Website, and any content therein, including but not limited to all intellectual property rights in any content or materials posted in the App or on Our Website. 

The Company hereby grants you a limited, conditional, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to use the App for its customary and intended purposes. Your adherence to the terms of this Agreement is a condition of this license. Absent prior written permission from Company, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. We reserve any rights not expressly granted herein.

2. Signing Up to SubContacts

If you submit a request to join the SubContacts network as a contractor or subcontractor, the Company will, at its discretion, send you an approval link via email. Upon receipt of this email, you will be able to list jobs or your services on the SubContacts network.  

3. Job Listings and Matches

If you post a job, you represent and warrant that the job described in the listing exists at the time of posting. You also agree to use your best efforts to delist any job listings that are no longer available. If you offer your services, you represent and warrant that you are qualified to provide said services and, where necessary, that you hold the appropriate license to perform such services in Massachusetts. 

You acknowledge that the App and the Services are provided for informational purposes only. We do not take responsibility for the accuracy of any listing. The services are provided on an AS-IS basis. 

You further acknowledge that a match does not create a contract between You and Us. A match also does not create a binding contract between You and the other matching party. If a Match occurs, You and the Matching party must discuss and agree to terms at your sole discretion. 

It is within your sole discretion whether you will enter into an agreement or contract with a Matching party. A match does not create an obligation to enter into an agreement. To the extent that you enter into an agreement with a Matching party, you are solely responsible for any and all due diligence on the Matching party, including his or her qualifications, work status, licensure information, skills, and background. 

We will not be responsible in any manner for any information that is provided to You by any other user whether through the App, Our Website, or otherwise. 

4. User Content

The App and Our Website may contain job postings, user profiles, and similar information that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (“User Content”) on or through the App or Our Website.

All User Content must comply with these Terms of Use.

Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the App or Our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings.

You represent and warrant that:

  • All of your User Content do and will comply with these Terms of Use.

  • You own or control all rights in and to the User Content and have the right to grant the license granted above

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the App or Website.

5. Agreements Between Matching Parties

If You and another user agree to work together, You and the other user are responsible for determining any and all terms for the job(s) and/or work. We will not be a party to an agreement between You and another user nor we will act as intermediary in any manner between You and another user. We will not be obligated in any manner due to an agreement between You and any other user nor liable for any reason under said agreements.  

WE WILL NOT ACCEPT, DELIVER, NOR DISTRIBUTE ANY WAGES OR PAYMENT FOR OR TO YOU OR ANY OTHER PARTY IN ANY CIRCUMSTANCES. 

You agree to immediately report any instance where a user has represented to you that We will be responsible for paying or distributing any wages or expenses on his or her behalf.     

6. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation that is not in accordance with these terms.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

7. Disclaimer

COMPANY PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. COMPANY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

COMPANY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. COMPANY DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. COMPANY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

COMPANY WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

8. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify and hold Company and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Company, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Company may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without Company’s consent.

You are hereby agreeing to release the Company and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.

10. Representations and Warranties

By using the App or Our Website, you represent and warrant that, to the best of your knowledge, the information that you submit through the App or Our Website or provide to us in any other manner is accurate, complete, and up-to-date. You further represent and warrant that (1) you are at least eighteen (18) years of age; (2) you have the right to work in the United States; (3) you have full authority to bind any entity for which you purport to act; and (4) you are acting on your own behalf or as an entity’s fully-authorized agent or representative; (5) your description in any listings of a job or your services that you provide is accurate and complete; and (6) you will provide any documentation and/or information reasonably requested by Us in connection with or related to you, the foregoing, or any of your User Content.

11. Automated Calls and Text Messages

If you provide us with your mobile number, you consent to Us contacting that number using auto-dialed or prerecorded message calls and text messages to provide notices regarding your Account or Transaction(s) with us. Standard telephone minute and text charges may apply. We will not use auto-dialed or pre-recorded message calls or texts to contact you for marketing purposes. You may revoke this consent by contacting customer service by emailing us at info@subcontacts.com.

12. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.

  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, contains false information, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App or Our Website. 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the App or Our Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

13. Headings

Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe the same. The invalidity, in whole or in part, of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions.

14. Governing Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

15. Modification

We reserve the right to modify, alter or update these terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use the App or Our Website after we have posted such modifications or updates, you agree to be bound by the revised terms.

16. Arbitration

You agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration. You acknowledge that your agreement to arbitrate on an individual basis will preclude you from bringing any class, collective, or representative action against the Company, and will also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else.

You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, regardless of time, will be settled by binding arbitration between you and the Company, and not in a court of law. 

You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction that is located in Massachusetts. 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, except as modified by this clause. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration clause, including any claim that all or any part of this arbitration clause is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

If any portion of this arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the this clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

17. Relationship

The relationship between You and the Company is determined solely by the provisions herein. The parties do not nor intend to create any agency, partnership, joint venture, trust, fiduciary or other relationship with duties or incidents different from or beyond these terms.

18. No Waiver

No term or condition of this Agreement shall be deemed to have been waived, except by a statement in writing signed by the party against whom enforcement of the waiver is sought. Any written waiver shall not be deemed a continuing waiver unless specifically stated, shall operate only as to the specific term or condition waived, and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

19. Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the other provisions of this Agreement shall remain in full force and effect.

20. Your Comments and Concerns

This website is operated by SubContacts, Inc., 19 Walsingham St, Newton, MA 02462.

To notify Us of any intellectual property infringement, please email info@subcontacts.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@subcontacts.com.

Effective: June 17, 2020