DirtSpotter Terms of Use

Overview:

Welcome to DirtSpotter! We are a member-subscription service that provides our members with access to real time information largely provided by other members and by DirtSpotter (“DirtSpotter content”) via posts or listings, and website over the Internet and accessed by Internet-connected computers and other devices (“DirtSpotter ready devices”).

Bair Construction Technologies LLC (“us”, “we”, “our”) operates https://www.dirtspotter.com (the “Site”) and the service provided through the Site (hereinafter all services provided by us through the Site are referred to as “DirtSpotter”).  These Terms apply to your use of and access to the Site and DirtSpotter in all respects. These Terms are important and should be reviewed carefully as they constitute a legally binding agreement between you and us.

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, “DirtSpotter service,” “our service” or “the service” means the service provided by DirtSpotter for discovering and watching DirtSpotter content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

What’s listed on DirtSpotter by other Members is not endorsed, moderated, owned by or affiliated with DirtSpotter. We operate as a Member-site to give members a guide to the latest content provided by other members and sponsors that may be specific to multiple regions.

You understand that DirtSpotter provides no guarantee, warranty or assurance regarding the accuracy of information provided by other members.  Any contracts formed or agreements reached between members is determined by and the responsibility of those members and not DirtSpotter. DirtSpotter is not liable for the terms, conditions, negotiations or understandings made between members.

Waiver of liability

The material contained, or accessed, in this website is set out in good faith for Membership use and consideration and no liability can be accepted for loss, injury or expense incurred as a result of relying on particular circumstances or statements made on the site. We do our best to keep this website and membership content as up to date and relevant as possible, but in view of the changeable nature of member listings we cannot be held responsible for any information contained herein. Information has been obtained from sources and members believed to be reliable, but its accuracy and completeness, and the opinions based thereon are not guaranteed.

Access

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Links to other sites and third party offers

What’s on DirtSpotter is provided as a service to members. DirtSpotter is not responsible for the contents of any third-party websites that may be mentioned or linked to this site and we are not liable for any expenses or damages incurred therein. These links and mentions are provided as a conveninece and DirtSpotter does not endorse, sponsor or control linked sites and therefore we cannot in any way guarantee availability, prices, delivery of products and services offered on such sites or satisfaction therewith. Linked sites are not under the ontrol of DirtSpotter, and therefore we cannot in any way guarantee satisfaction with the products and services offered on these sites. We strongly advise you to investigate the trustworthiness, terms and condition and business practices of linked sites before proceeding with any transaction.

  1. Acceptance of Terms of Use

These Terms of Use, which include our Privacy Statement (www.DirtSpotter.com/Privacy) and govern your use of the DirtSpotter service. By using, visiting, or browsing the DirtSpotter service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the DirtSpotter service.

The DirtSpotter service is provided by Bair Construction Technologies LLC (“us”, “we”, “our”) and operates https://www.dirtspotter.com (the “Site”).

By using our services, you are agreeing to consent to be bound by these Terms and you are agreeing to consent to be bound by the DirtSpotter Privacy Policy which is incorporated herein Insert hyperlink. If you do not agree to the Terms, do not use DirtSpotter and do not use the Site or the service provided by us.

  1. Changes to Terms of Use. DirtSpotter may, from time to time, change these Terms of Use, including the Privacy Statement. Such revisions shall be effective immediately.
  2. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. (www.DirtSpotter.com/Privacy)
  3. User Content and Conduct. DirtSpotter’s services enable people and companies to start conversations, share information, conduct transactions, collaborate on projects, and form new business alliances. DirtSpotter only facilitates these potential opportunities among members but does not take part in the terms, agreements and/or understandings made between members. DirtSpotter assumes no liabilities from member interactions, and offers no warranties. We believe this understanding among all members plays an important role in maintaining a positive experience for our members.
  4. By using the DirtSpotter service, you consent to receiving electronic communications from DirtSpotter relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the DirtSpotter service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with DirtSpotter. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as emails or telephone calls about new DirtSpotter features and content, special offers, promotional announcements and customer care follow-ups.
  5. Communication With Other Members. By using the DirtSpotter service, you consent to receiving communications from other members as it relates to the purpose of your DirtSpotter membership.
  6. Your DirtSpotter Account. You need a DirtSpotter membership in order to use our services (“Account”). You may create your own DirtSpotter Account, or your DirtSpotter account may be assigned to you by an administrator, such as your employer or gifted to you by another party. To protect your DirtSpotter Account, keep your password confidential. You are responsible for the activity that happens on or through your DirtSpotter Account. If you are using a DirtSpotter membership assigned to you by an administrator, different or additional terms may apply from your company and your administrator may be able to access, reassign or disable your Account.
  7. Membership, Free Trials, Billing and Cancellation
    1. Membership
      1. Ongoing Membership. Your DirtSpotter membership, will continue annually and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the DirtSpotter service. We will bill the annual membership fee to your Payment Method. You must cancel your membership before it renews each year in order to avoid billing of the next year’s membership fees to your Payment Method. DirtSpotter will send a courtesy reminder via email two weeks before your membership fee is automatically renewed.
      2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with DirtSpotter by visiting our website and clicking on the “Your Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
    2. Billing
      1. Recurring Billing. By starting your DirtSpotter membership and providing or designating a Payment Method, you authorize us to charge you an annual membership fee at the then current rate. Any additional optional services offered by DirtSpotter that you select will be charged to your Payment Method. You acknowledge that the amount billed each year may vary from year to year for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed annually, or as a one-time charge for optional services you select at any given time.
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
  • Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each year on the calendar day corresponding to the commencement of your paying membership. Membership begins at the beginning of the paying portion of your sign up. Membership fees are fully earned upon payment. Certain promotional offers may use a later date as your annual renewal date providing you an extended membership period over our regular annual billing cycle. We reserve the right to change the timing of our billing. Your renewal date may change due to changes in your Membership. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.
  1. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period unless We cancel your membership and believe it is necessary to prevent further access to the service. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
  2. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the DirtSpotter website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a transaction fee or other charges. Check with your Payment Method service provider for details.
  3. Cancellation. You may cancel your DirtSpotter membership at any time, and you will continue to have access to the DirtSpotter service through the end of your annual billing period unless We cancel your membership and believe it is necessary to prevent further access to the service. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR; MEMBERSHIP PERIODS OR UNUSED DIRTSPOTTER CONTENT. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.

  1. License
    1. If you are 18 or older, or the age of majority in your province, territory or country, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access the Site and DirtSpotter in compliance with the Terms of Use; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from the Site or DirtSpotter, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
    2. You may view DirtSpotter content without restrictions on geographic location. Content may change depending on the geographic locations you select. DirtSpotter may use technologies to verify your geographic location.
    3. We continually update the DirtSpotter service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of DirtSpotter content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    1. You agree to use the DirtSpotter service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal or business use), reproduce, copy, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or lease any part of DirtSpotter service or included software, or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission; or use content and information contained on or obtained from or through the DirtSpotter service without express written permission from DirtSpotter and its licensors.
    2. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the DirtSpotter service; use any robot, spider, scraper or other automated means to access the DirtSpotter service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the DirtSpotter service; insert any code or product or manipulate the content of the DirtSpotter service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the DirtSpotter service, including any software viruses or any other computer code, files or programs.
    3. The availability of DirtSpotter content will change as members interact with each other. The quality of the display of the DirtSpotter content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. DirtSpotter makes no representations or warranties about the quality of your internet experience on your display. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. DirtSpotter content will vary based on a number of factors, including your location, available bandwidth at the time, the DirtSpotter content you have selected and the configuration of your DirtSpotter ready device.
    4. DirtSpotter software is developed by, or for, DirtSpotter and is designed to enable real time viewing of content from DirtSpotter through DirtSpotter ready devices. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the DirtSpotter service.
    5. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
    6. You acknowledge and agree that if DirtSpotter disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
    1. You agree not to use the Site or DirtSpotter in any way that violates applicable federal, state or local law. You agree not to use the Site or DirtSpotter to impersonate or attempt to impersonate any other person or entity.
    2. You agree not to use the Site or DirtSpotter to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or DirtSpotter.
    3. You agree not to use the Site or DirtSpotter in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or DirtSpotter, including their ability to engage in real time activities through the Services.
    4. You agree not to use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any of the material on the Website. You agree not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
    5. You agree not to use any device, software or routine that interferes with the proper working of the Site.
    6. You agree not to introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    7. You agree not to attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site.
    8. You agree not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  2. Passwords & Account Access
    1. The member who created the DirtSpotter account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the DirtSpotter account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. In order to provide you with ease of access to your account and to help administer the DirtSpotter service, DirtSpotter implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the DirtSpotter service, which includes accessing via DirtSpotter ready devices or website.
    3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DirtSpotter website and not through a hyperlink in an email or any other electronic communication, even if it looks official. DirtSpotter reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. DirtSpotter is not obligated to credit or discount a membership for holds placed on the account by either a representative of DirtSpotter or by the automated processes of DirtSpotter.
  3. Disclaimers of Warranties and Limitations on Liability
    1. THE DIRTSPOTTER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DIRTSPOTTER SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DIRTSPOTTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DIRTSPOTTER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DIRTSPOTTER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DIRTSPOTTER READY DEVICES, AND DIRTSPOTTER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DIRTSPOTTER, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  4. Gifts & Promotions. Gift cards for the DirtSpotter service may be available for purchase or provided as promotional gifts by third-party sources and websites, which can be redeemed on our website alone at DirtSpotter.com/redeem. The purchase and redemption of gift cards are subject to the gift terms (www.DirtSpotter.com/cardterms). From time to time, other types of promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by DirtSpotter in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
  5. Intellectual Property
    1. The Site, DirtSpotter and their original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not copy, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material from the Site or DirtSpotter.
    2. DirtSpotter and all related names, logos, product and service names, designs and slogans are property of us or our licensors and protected by statutory or common law trademark, trade dress and other legal protections.
  6. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the DirtSpotter service, please notify us.
  7. Governing Terms of Use shall be governed by and construed in accordance with the laws of the state of Kansas, U.S.A. without regard to conflict of laws provisions regardless of your location or any conflict or choice of law principle. You agree that any claim, cause of action or dispute (“Claim”) arising out of or related to the Terms of Use or your use of the Site or of DirtSpotter is governed by Kansas law. Any Claim must be resolved exclusively by state or federal courts in Johnson County, Kansas and through these Terms you agree to be submit to personal jurisdiction in those courts. You agree to indemnify us, the Site and DirtSpotter for any damage, loss and expense, including attorney fees, arising from any Claim related to your use of the Site or DirtSpotter. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
  8. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the DirtSpotter service. These Applications may import data related to your DirtSpotter account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and DirtSpotter is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY DIRTSPOTTER AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  9. Use of Information Submitted. DirtSpotter is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the DirtSpotter service, including the DirtSpotter website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the DirtSpotter service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note DirtSpotter does not accept unsolicited materials or ideas for DirtSpotter content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DirtSpotter. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DirtSpotter and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. DirtSpotter will attempt to review or analyze your content (including emails to our attention) to provide you personally relevant product features or offers, instructional feedback and tailored solutions. You can find more information about how DirtSpotter uses and stores content in the privacy policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
  10. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact DirtSpotter. In certain instances, Customer Service may assist by posting or editing your listings on your behalf or assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use shall remain in full force and effect.
  11. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. We may terminate your access to the Site and DirtSpotter, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. Any violation by you of any of these Terms of Use will be considered an automatic and immediate termination of your access to the Site and DirtSpotter. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  12. To the extent permitted by law disclaim all warranties and conditions both express or implied, of merchantability, fitness for particular purpose, or non-infringement.  We are not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profit, revenue, data or goodwill and in no event shall our total liability exceed $100 or the total amount which you have paid us in the past year, whichever amount is greater. We cannot guarantee that the information provided on the Site and through DirtSpotter by other users is accurate, complete or suitable for any purpose. We make no promise as to the Site or DirtSpotter or their completeness, accuracy, availability, timeliness, propriety, security or reliability. Your access and use of the Site and DirtSpotter are at your own risk and the Site and DirtSpotter are provided “As Is” and “As Available”. We are not liable for any harm resulting from user content, user conduct, your use of the Site or DirtSpotter or our representations.

These Terms of Use (“Terms”) were last modified 04/21/2017.

DirtSpotter Terms of Use

Overview:

Welcome to DirtSpotter! We are a member-subscription service that provides our members with access to real time information largely provided by other members and by DirtSpotter (“DirtSpotter content”) via posts or listings, and website over the Internet and accessed by Internet-connected computers and other devices (“DirtSpotter ready devices”).

Bair Construction Technologies LLC (“us”, “we”, “our”) operates https://www.dirtspotter.com (the “Site”) and the service provided through the Site (hereinafter all services provided by us through the Site are referred to as “DirtSpotter”).  These Terms apply to your use of and access to the Site and DirtSpotter in all respects. These Terms are important and should be reviewed carefully as they constitute a legally binding agreement between you and us.

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, “DirtSpotter service,” “our service” or “the service” means the service provided by DirtSpotter for discovering and watching DirtSpotter content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

What’s listed on DirtSpotter by other Members is not endorsed, moderated, owned by or affiliated with DirtSpotter. We operate as a Member-site to give members a guide to the latest content provided by other members and sponsors that may be specific to multiple regions.

You understand that DirtSpotter provides no guarantee, warranty or assurance regarding the accuracy of information provided by other members.  Any contracts formed or agreements reached between members is determined by and the responsibility of those members and not DirtSpotter. DirtSpotter is not liable for the terms, conditions, negotiations or understandings made between members.

Waiver of liability

The material contained, or accessed, in this website is set out in good faith for Membership use and consideration and no liability can be accepted for loss, injury or expense incurred as a result of relying on particular circumstances or statements made on the site. We do our best to keep this website and membership content as up to date and relevant as possible, but in view of the changeable nature of member listings we cannot be held responsible for any information contained herein. Information has been obtained from sources and members believed to be reliable, but its accuracy and completeness, and the opinions based thereon are not guaranteed.

Access

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Links to other sites and third party offers

What’s on DirtSpotter is provided as a service to members. DirtSpotter is not responsible for the contents of any third-party websites that may be mentioned or linked to this site and we are not liable for any expenses or damages incurred therein. These links and mentions are provided as a conveninece and DirtSpotter does not endorse, sponsor or control linked sites and therefore we cannot in any way guarantee availability, prices, delivery of products and services offered on such sites or satisfaction therewith. Linked sites are not under the ontrol of DirtSpotter, and therefore we cannot in any way guarantee satisfaction with the products and services offered on these sites. We strongly advise you to investigate the trustworthiness, terms and condition and business practices of linked sites before proceeding with any transaction.

  1. Acceptance of Terms of Use

These Terms of Use, which include our Privacy Statement (www.DirtSpotter.com/Privacy) and govern your use of the DirtSpotter service. By using, visiting, or browsing the DirtSpotter service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the DirtSpotter service.

The DirtSpotter service is provided by Bair Construction Technologies LLC (“us”, “we”, “our”) and operates https://www.dirtspotter.com (the “Site”).

By using our services, you are agreeing to consent to be bound by these Terms and you are agreeing to consent to be bound by the DirtSpotter Privacy Policy which is incorporated herein Insert hyperlink. If you do not agree to the Terms, do not use DirtSpotter and do not use the Site or the service provided by us.

  1. Changes to Terms of Use. DirtSpotter may, from time to time, change these Terms of Use, including the Privacy Statement. Such revisions shall be effective immediately.
  2. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. (www.DirtSpotter.com/Privacy)
  3. User Content and Conduct. DirtSpotter’s services enable people and companies to start conversations, share information, conduct transactions, collaborate on projects, and form new business alliances. DirtSpotter only facilitates these potential opportunities among members but does not take part in the terms, agreements and/or understandings made between members. DirtSpotter assumes no liabilities from member interactions, and offers no warranties. We believe this understanding among all members plays an important role in maintaining a positive experience for our members.
  4. By using the DirtSpotter service, you consent to receiving electronic communications from DirtSpotter relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the DirtSpotter service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with DirtSpotter. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as emails or telephone calls about new DirtSpotter features and content, special offers, promotional announcements and customer care follow-ups.
  5. Communication With Other Members. By using the DirtSpotter service, you consent to receiving communications from other members as it relates to the purpose of your DirtSpotter membership.
  6. Your DirtSpotter Account. You need a DirtSpotter membership in order to use our services (“Account”). You may create your own DirtSpotter Account, or your DirtSpotter account may be assigned to you by an administrator, such as your employer or gifted to you by another party. To protect your DirtSpotter Account, keep your password confidential. You are responsible for the activity that happens on or through your DirtSpotter Account. If you are using a DirtSpotter membership assigned to you by an administrator, different or additional terms may apply from your company and your administrator may be able to access, reassign or disable your Account.
  7. Membership, Free Trials, Billing and Cancellation
    1. Membership
      1. Ongoing Membership. Your DirtSpotter membership, will continue annually and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the DirtSpotter service. We will bill the annual membership fee to your Payment Method. You must cancel your membership before it renews each year in order to avoid billing of the next year’s membership fees to your Payment Method. DirtSpotter will send a courtesy reminder via email two weeks before your membership fee is automatically renewed.
      2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with DirtSpotter by visiting our website and clicking on the “Your Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
    2. Billing
      1. Recurring Billing. By starting your DirtSpotter membership and providing or designating a Payment Method, you authorize us to charge you an annual membership fee at the then current rate. Any additional optional services offered by DirtSpotter that you select will be charged to your Payment Method. You acknowledge that the amount billed each year may vary from year to year for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed annually, or as a one-time charge for optional services you select at any given time.
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
  • Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each year on the calendar day corresponding to the commencement of your paying membership. Membership begins at the beginning of the paying portion of your sign up. Membership fees are fully earned upon payment. Certain promotional offers may use a later date as your annual renewal date providing you an extended membership period over our regular annual billing cycle. We reserve the right to change the timing of our billing. Your renewal date may change due to changes in your Membership. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.
  1. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period unless We cancel your membership and believe it is necessary to prevent further access to the service. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
  2. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the DirtSpotter website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a transaction fee or other charges. Check with your Payment Method service provider for details.
  3. Cancellation. You may cancel your DirtSpotter membership at any time, and you will continue to have access to the DirtSpotter service through the end of your annual billing period unless We cancel your membership and believe it is necessary to prevent further access to the service. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR; MEMBERSHIP PERIODS OR UNUSED DIRTSPOTTER CONTENT. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.

  1. License
    1. If you are 18 or older, or the age of majority in your province, territory or country, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access the Site and DirtSpotter in compliance with the Terms of Use; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from the Site or DirtSpotter, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
    2. You may view DirtSpotter content without restrictions on geographic location. Content may change depending on the geographic locations you select. DirtSpotter may use technologies to verify your geographic location.
    3. We continually update the DirtSpotter service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of DirtSpotter content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    1. You agree to use the DirtSpotter service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal or business use), reproduce, copy, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or lease any part of DirtSpotter service or included software, or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission; or use content and information contained on or obtained from or through the DirtSpotter service without express written permission from DirtSpotter and its licensors.
    2. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the DirtSpotter service; use any robot, spider, scraper or other automated means to access the DirtSpotter service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the DirtSpotter service; insert any code or product or manipulate the content of the DirtSpotter service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the DirtSpotter service, including any software viruses or any other computer code, files or programs.
    3. The availability of DirtSpotter content will change as members interact with each other. The quality of the display of the DirtSpotter content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. DirtSpotter makes no representations or warranties about the quality of your internet experience on your display. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. DirtSpotter content will vary based on a number of factors, including your location, available bandwidth at the time, the DirtSpotter content you have selected and the configuration of your DirtSpotter ready device.
    4. DirtSpotter software is developed by, or for, DirtSpotter and is designed to enable real time viewing of content from DirtSpotter through DirtSpotter ready devices. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the DirtSpotter service.
    5. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
    6. You acknowledge and agree that if DirtSpotter disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
    1. You agree not to use the Site or DirtSpotter in any way that violates applicable federal, state or local law. You agree not to use the Site or DirtSpotter to impersonate or attempt to impersonate any other person or entity.
    2. You agree not to use the Site or DirtSpotter to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or DirtSpotter.
    3. You agree not to use the Site or DirtSpotter in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or DirtSpotter, including their ability to engage in real time activities through the Services.
    4. You agree not to use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any of the material on the Website. You agree not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
    5. You agree not to use any device, software or routine that interferes with the proper working of the Site.
    6. You agree not to introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    7. You agree not to attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site.
    8. You agree not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  2. Passwords & Account Access
    1. The member who created the DirtSpotter account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the DirtSpotter account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. In order to provide you with ease of access to your account and to help administer the DirtSpotter service, DirtSpotter implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the DirtSpotter service, which includes accessing via DirtSpotter ready devices or website.
    3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DirtSpotter website and not through a hyperlink in an email or any other electronic communication, even if it looks official. DirtSpotter reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. DirtSpotter is not obligated to credit or discount a membership for holds placed on the account by either a representative of DirtSpotter or by the automated processes of DirtSpotter.
  3. Disclaimers of Warranties and Limitations on Liability
    1. THE DIRTSPOTTER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DIRTSPOTTER SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DIRTSPOTTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DIRTSPOTTER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DIRTSPOTTER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DIRTSPOTTER READY DEVICES, AND DIRTSPOTTER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DIRTSPOTTER, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  4. Gifts & Promotions. Gift cards for the DirtSpotter service may be available for purchase or provided as promotional gifts by third-party sources and websites, which can be redeemed on our website alone at DirtSpotter.com/redeem. The purchase and redemption of gift cards are subject to the gift terms (www.DirtSpotter.com/cardterms). From time to time, other types of promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by DirtSpotter in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
  5. Intellectual Property
    1. The Site, DirtSpotter and their original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not copy, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material from the Site or DirtSpotter.
    2. DirtSpotter and all related names, logos, product and service names, designs and slogans are property of us or our licensors and protected by statutory or common law trademark, trade dress and other legal protections.
  6. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the DirtSpotter service, please notify us.
  7. Governing Terms of Use shall be governed by and construed in accordance with the laws of the state of Kansas, U.S.A. without regard to conflict of laws provisions regardless of your location or any conflict or choice of law principle. You agree that any claim, cause of action or dispute (“Claim”) arising out of or related to the Terms of Use or your use of the Site or of DirtSpotter is governed by Kansas law. Any Claim must be resolved exclusively by state or federal courts in Johnson County, Kansas and through these Terms you agree to be submit to personal jurisdiction in those courts. You agree to indemnify us, the Site and DirtSpotter for any damage, loss and expense, including attorney fees, arising from any Claim related to your use of the Site or DirtSpotter. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
  8. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the DirtSpotter service. These Applications may import data related to your DirtSpotter account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and DirtSpotter is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY DIRTSPOTTER AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  9. Use of Information Submitted. DirtSpotter is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the DirtSpotter service, including the DirtSpotter website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the DirtSpotter service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note DirtSpotter does not accept unsolicited materials or ideas for DirtSpotter content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DirtSpotter. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DirtSpotter and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. DirtSpotter will attempt to review or analyze your content (including emails to our attention) to provide you personally relevant product features or offers, instructional feedback and tailored solutions. You can find more information about how DirtSpotter uses and stores content in the privacy policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
  10. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact DirtSpotter. In certain instances, Customer Service may assist by posting or editing your listings on your behalf or assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use shall remain in full force and effect.
  11. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. We may terminate your access to the Site and DirtSpotter, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. Any violation by you of any of these Terms of Use will be considered an automatic and immediate termination of your access to the Site and DirtSpotter. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  12. To the extent permitted by law disclaim all warranties and conditions both express or implied, of merchantability, fitness for particular purpose, or non-infringement.  We are not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profit, revenue, data or goodwill and in no event shall our total liability exceed $100 or the total amount which you have paid us in the past year, whichever amount is greater. We cannot guarantee that the information provided on the Site and through DirtSpotter by other users is accurate, complete or suitable for any purpose. We make no promise as to the Site or DirtSpotter or their completeness, accuracy, availability, timeliness, propriety, security or reliability. Your access and use of the Site and DirtSpotter are at your own risk and the Site and DirtSpotter are provided “As Is” and “As Available”. We are not liable for any harm resulting from user content, user conduct, your use of the Site or DirtSpotter or our representations.

These Terms of Use (“Terms”) were last modified 04/21/2017.