Terms | CRE8TIVE HOME

Welcome to www.CRE8TIVEWORX.co (the “Site”), an Internet property of CRE8TIVE WORX LLC. (“CRE8TIVE WORX,” “we,” “us” or “our”). The following CRE8TIVE WORX Terms of Use (“Terms of Use”) shall incorporate and govern the CRE8TIVE WORX Privacy Policy (“Privacy Policy”), and any and all other applicable CRE8TIVE WORX operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time (collectively, the “Agreement”).

You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety when you: (a) access the Site; (b) utilize the CRE8TIVE WORX platform regarding a variety of home improvement and products and/or services (collectively, “Contractor Offerings”) as offered and provided by the third party contractors, business entities and professionals featured on the Site (collectively, “Third Party Contractors”); Please review the agreement carefully. If you do not agree to the terms of the agreement in their entirety, you are not authorized to use the CRE8TIVE WORX offerings in any manner or form.

You understand and agree that CRE8TIVE WORX shall not be liable to you, any other Site User or any third party for any claim in connection with your use of, or inability to use, the CRE8TIVE WORX Offerings. CRE8TIVE WORX disclaims any and all liability for any loss, damage, or injury based on Content, Contractor Offerings or other products, services and/or information directly or indirectly obtained through the CRE8TIVE WORX Offerings. You understand and agree that CRE8TIVE WORX is not responsible or liable in any manner whatsoever for any dispute between you and any Third Party Contractor.

Scope/Modification of Agreement/Termination. The Agreement constitutes the entire and only agreement between you and CRE8TIVE WORX with respect to your use of the CRE8TIVE WORX Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Terms of Use and Privacy Policy will be posted on the Site, and you should review same prior to using the CRE8TIVE WORX Offerings. By your continued use of the CRE8TIVE WORX Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the CRE8TIVE WORX Offerings shall be subject to the Agreement.

CRE8TIVE WORX reserves the right to terminate the Agreement, remove your Listings (if any) and terminate your access to the CRE8TIVE WORX Offerings at any time in its sole discretion including, without limitation, where CRE8TIVE WORX believes that you are: (i) violating any applicable law, rule or regulation; (ii) in breach of the Agreement; or (iii) otherwise acting in a manner that is detrimental to the interests of CRE8TIVE WORX and/or other Site Users. If CRE8TIVE WORX terminates the Agreement for any reason, CRE8TIVE WORX shall have no liability or responsibility to you. You understand and agree that refusal to use the CRE8TIVE WORX Offerings is your sole right and remedy with respect to any dispute that you may have with CRE8TIVE WORX. The Agreement only governs your use of the CRE8TIVE WORX Offerings.

Copyright Policy/DMCA Compliance. CRE8TIVE WORX reserves the right to terminate access to the Site of any Site User who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other CRE8TIVE WORX Offerings in a way that constitutes copyright infringement, you should provide CRE8TIVE WORX with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

Legal Warning. Any attempt by any individual, whether or not a CRE8TIVE WORX customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the CRE8TIVE WORX Offerings, is a violation of criminal and civil law and CRE8TIVE WORX will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

Indemnification. You agree to indemnify and hold CRE8TIVE WORX, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the CRE8TIVE WORX Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Site User or third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section are for the benefit of CRE8TIVE WORX, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimer of Warranties. The CRE8TIVE WORX offerings and/or any other products and/or services that you may apply for through same are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, CRE8TIVE WORX makes no warranty that: (a) the CRE8TIVE WORX offerings and/or any other products and/or services that you may apply for through same will meet your requirements; (b) the CRE8TIVE WORX offerings and/or any other products and/or services that you may apply for through same will be uninterrupted, timely, secure or error-free; (c) you will qualify for contractor offerings from any third party contractor; or (d) the results that may be obtained from the use of the CRE8TIVE WORX offerings and/or any other products and/or services that you may apply for through same will be accurate or reliable. The CRE8TIVE WORX offerings and/or any other products and/or services that you may apply for through same may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from CRE8TIVE WORX, any site user or otherwise through or from the CRE8TIVE WORX offerings, shall create any warranty not expressly stated in the agreement.

Limitation of Liability. You expressly understand and agree that CRE8TIVE WORX shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CRE8TIVE WORX has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the CRE8TIVE WORX offerings and/or any other products and/or services that you may apply for through same; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, the CRE8TIVE WORX offerings; (c) the failure to qualify for contractor offerings from any third party contractor; (d) the unauthorized access to, or alteration of, your registration data; and (e) any other matter relating to the CRE8TIVE WORX offerings and/or any other products and/or services that you may apply for through same. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release CRE8TIVE WORX from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitations, the maximum liability of CRE8TIVE WORX to you under any and all circumstances will be five hundred dollars ($500.00). The negation of damages set forth above is a fundamental element of the basis of the bargain between you and CRE8TIVE WORX. The CRE8TIVE WORX offerings and/or any other products and/or services that you may apply for through same would not be provided to you without such limitations.

Third-Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, certain Site User websites. Because CRE8TIVE WORX has no control over such third party websites and/or resources, you hereby acknowledge and agree that CRE8TIVE WORX is not responsible for the availability of such third party websites and/or resources. Furthermore, CRE8TIVE WORX does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.

Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in West Palm Beach, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the CRE8TIVE WORX Offerings, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration as set forth above, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against CRE8TIVE WORX and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that CRE8TIVE WORX incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any CRE8TIVE WORX Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.