This Agreement sets forth the terms and conditions ("Terms and Conditions of Use") applicable to you (the "User") in your use of the Orlando Utilities Commission’s (OUC) web site (the "Web Site") for the OUC Preferred Contractor Network Program and all correspondence and communications with us regarding your home improvement project, correspondence and communication with any contractor (each contractor identified through the Web Site shall be referred to as a "Service Provider") who received the lead for your home improvement or repair project from the Web Site and estimates for home improvement projects or repairs, answers to questions regarding home improvement projects, and scheduling maintenance and small repairs. By use of the Web Site, you automatically agree to and are hereby bound by the Terms and Conditions of Use Eligible Users. The Web Site is open for use by any interested party. Users agree to use the Web Site only for lawful purposes and are prohibited from posting on the Web Site any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. 2. No Agency. A Service Provider informed of your home improvement project through the Web Site is an independent contractor and has no relationship to OUC and their participation in the OUC Preferred Contractor Network Program shall in no way be construed to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship. 3. No Duty. By use of the Web Site, you acknowledge and agree that OUC is not acting as an agent or advisor for any Service Provider. OUC takes reasonable efforts to screen Service Providers for participation in the Web Site, but makes no representations, warranties or guaranties regarding any Service Provider. Therefore, it is your sole responsibility to conduct your own evaluation of each Service Provider, to select a Service Provider that suits your needs and to negotiate the terms for any work to be performed by the Service Provider you select. You undertake the engagement of a Service Provider at your own risk and you should conduct your own due diligence in evaluating prospective Service Provider(s) You may elect to consult with expert advisors of your choosing to assist in evaluating aspects of your home improvement project, including but not limited to an attorney of your choosing regarding contracts, permits, and other issues, a tax advisor, and an insurance professional regarding risk analysis and coverage. OUC, and the Web Site do not: (i) endorse or recommend any specific Service Provider; (ii) provide advice on selection of any Service Provider; (iii) warrant or guarantee the quality of any of the work a Service Provider provides to a User; (iv) make any representations or warranties regarding the qualifications of a Service Provider for a specific home improvement project or repairs. OUC shall not be liable and disclaims any duty, obligation or liability regarding any action or inaction of a Service Provider. 4. Denial and Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE IS FREE OF CHARGE AND THAT USE THEREOF IS PROVIDED ON AN "AS IS" BASIS AND OUC EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES AND MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE. OUC HEREBY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDER, THE QUALITY OF WORK PROVIDED BY SUCH SERVICE PROVIDER OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO YOU THROUGH THE WEB SITE. OUC EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS FROM INFORMATION, MATERIALS AND FUNCTIONS INCLUDED IN OUR WEB SITE OR IN THIRD PARTY SITES LINKED TO OR FROM OUR WEB SITE. AS A USER YOU EXPRESSLY AGREE THAT ANY USE OF INFORMATION AVAILABLE THROUGH THE WEB SITE IS FOR YOUR PERSONAL USE AND SUCH INFORMATION WILL BE UTILIZED AT YOUR OWN RISK. 5. Limitations of OUC 's Liability and Release. OUC WILL NOT BE LIABLE FOR DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE WEB SITE OR USE OF ANY SERVICE PROVIDER REFERRED THROUGH THE WEB SITE. YOU AGREE NOT TO HOLD OUC RESPONSIBLE FOR ANY DAMAGES OR OTHER LIABILITIES ARISING FROM WORK PERFORMED BY ANY SERVICE PROVIDER. OUC DOES NOT UNDERTAKE ANY RESPONSIBILITY OR OBLIGATION IN YOUR NEGOTIATIONS WITH OR ENGAGEMENT OF ANY SERVICE PROVIDER AND EXERTS NO CONTROL OVER THE PERFORMANCE BY ANY SERVICE PROVIDER FOR WORK YOU MAY CONTRACT. IN THE EVENT THAT YOU HAVE A DISPUTE OR CONTROVERSY WITH ANY SERVICE PROVIDER, YOU RELEASE AND DISCHARGE OUC ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR NEGOTIATIONS WITH OR ENGAGEMENT OF ANY SERVICE PROVIDER. THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEB SITE AND THE INTERNET GENERALLY. IN NO EVENT WILL OUC BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING IN CONNECTION WITH USE OF THE WEB SITE OR THE INABILITY TO USE THE WEB SITE AND/OR ANY OTHER WEB SITES WHICH ARE LINKED TO THIS SITE. NOR SHALL THEY BE LIABLE FOR ANY SUCH DAMAGE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED VIA THE WEB SITE; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, COMPUTER VIRUSES, LOSS OF DATA, ERRORS, DEFECTS, DESTRUCTION OR UNAUTHORIZED ACCESS OR OTHERWISE, EVEN IF OUC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. 6. Indemnity. You agree to indemnify and hold OUC its officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Web Site. 7. Choice of Law. The Web Site is controlled by OUC from its offices within the State of Florida. Because each of these places has laws that may differ from those of Florida, by accessing the Web Site or by use of the Web Site, both you and OUC agree that all matters related to your use of the Web Site shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the principles of conflicts of laws, as if performance was entirely within the State of Florida 8. Privacy Policy. Refer to our Privacy Program Notice set forth on our Web Site. 9. Use of Account. In order to protect User(s), User(s) must comply with all applicable laws and regulations when using the Web Site and must not use the Web Site to impersonate or harass any other person. You may copy information provided by OUC for your personal use, but you must retain any copyright notice and other proprietary notice on copied information. You are not permitted to reproduce, distribute, transmit, publish, or commercially exploit any information provided by OUC or otherwise through the Web Site without the appropriate permission of the copyright owner. This prohibition precludes emailing, faxing, posting to any bulletin board, storage in a database accessible to persons other than yourself, or otherwise making information available electronically or in any other form. 10. COPYRIGHT/TRADEMARKS. The trademarks, logos and service marks ("Marks") and other copyrighted material displayed on the Web Site are the property of OUC and respective third parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web or elsewhere without the written permission of OUC, or such third parties that may own the Marks. All information and content including any software programs available on or through the Web Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, reverse engineering or using any Content available on or through the Web Site for commercial or public purposes. 11. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO OUC REGARDING ALLEGED COPYRIGHTINFRINGEMENT. OUC reserves the right to remove any Content on the Web Site that allegedly infringes another person's copyright. Notices to OUC regarding any alleged copyright infringement on the Web Site should be directed to OUC. 12. INFORMATION SUBJECT TO CHANGE. Any information on this Web Site is subject to change without notice.