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Terms of Use

Please read our Terms of Use (the "Terms") carefully before continuing on with your use of this Web site. These Terms shall govern the use of the Web site and apply to all Internet traffic visiting the Web site. The Terms are intended to protect all of our Web site visitors. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.topnotchrichmond.com. We reserve the right to amend these Terms & Conditions at any time. Such modifications shall be effective immediately upon posting. These Terms & Conditions were last updated on 3/18/2009.

1. Introduction to Top Notch Richmond: Welcome to the Top Notch Richmond website (the "Web site"). Top Notch Richmond is committed to creating an online marketplace that effectively connects pre-screened and trusted service professionals with consumers.

Although Top Notch Richmond thoroughly screens all service professionals listed on this Web site, we do not guarantee warrant the quality of the job that may be performed by electing to retain their services. It is entirely up to you to enter into a contract or agreement with a service professional. The service professionals listed on this site are not employees or agents of Top Notch Richmond, nor is Top Notch Richmond an agent of the listed service professionals. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should a dispute arise with any listed service professional, you must address such dispute with the service professional directly, AND YOU HEREBY AGREE TO RELEASE TOP NOTCH RICHMOND (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE SERVICES OF TOP NOTCH RICHMOND) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS LISTED ON TOPNOTCHRICHMOND.COM.

2. Links to third party sites: In accordance with Top Notch Richmond's mission, this Web site will permit you to link to many other Web sites, that may or may not be affiliated with Top Notch Richmond, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such Web sites through links provided on this Web site is governed by the terms of use and policies of those sites, not this Web site.

The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Top Notch Richmond's control. Top Notch Richmond is not responsible for, and does not endorse the content of, such Linked Sites. You may not establish a hyperlink to this Web site or provide any links that state or imply any sponsorship or endorsement of your Web site by Top Notch Richmond, or its affiliates or providers without written permission from Top Notch Richmond.

3. Survey information you provide to us: After using Top Notch Richmond's services, you will be asked to provide feedback on the service you received from a Top Notch Richmond Certified company. By providing this information to us, you expressly consent to being contacted by us at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, to address matters related to your engagement with a Top Notch Richmond Certified company or for other purposes related to our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You promise that all information provided in your survey feedback will be accurate, current and truthful to the best of your knowledge.

4. Notice related to information available on this web site: You acknowledge and agree that your use of Top Notch Richmond's and this Web site's services are for your personal use and not to be used for commercial or advertising purposes. You agree that all of the content and information posted on this Web site, including but not limited to, company profiles, screening information, and survey data is the sole and exclusive property of Top Notch Richmond, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use. No logo, graphic, sound or image from any Top Notch Richmond web Site may be copied or retransmitted unless expressly permitted by Top Notch Richmond in writing.

5. Pre-screening and Certification Disclaimers: TopNotchRichmond.com uses predefined criteria as documented in "How it Works" to screen and certify service companies.

Licensing and Insurance: Top Notch Richmond validates that at the time of certification have all required state licenses for the trade in which they provide service. Some jobs may require the use of sub-contractors. Top Notch Richmond does not confirm that all sub-contractors hired by a Top Notch Richmond certified company have the applicable licensing. Where appropriate, Top Notch Richmond verifies during the certification process general liability insurance or bonding information. Top Notch Richmond confirms such coverage via the service professional's insurance agent.

NOTE: Member information confirmed at the time of certification as described above may change or expire over time. Although Top Notch Richmond attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform an annual screening after the initial certification and therefore we cannot guarantee that information on record is always accurate.

6. General Provisions: You acknowledge and agree that the Top Notch Richmond's services are provided to you on an "AS IS" basis without any warranty whatsoever and that you are free to discontinue your use of the Top Notch Richmond's services or the Top Notch Richmond web site at any time. TOP NOTCH RICHMOND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF TOP NOTCH RICHMOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY TOP NOTCH INDUSTRIES, TOP NOTCH RICHMOND, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE TOP NOTCH RICHMOND'S SERVICES OR CONNECTION TO THE TOP NOTCH RICHMOND WEB SITE OR YOUR VIOLATION OF THE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction, that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Top Notch Richmond to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Top Notch Richmond services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the Commonwealth of Virginia as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising under these Terms and Conditions will be brought solely in a court of competent jurisdiction in Chesterfield County, Virginia.