By using the Contractor Database, you agree to the following:
1. The Contractor Database (the “Database”) is intended to serve as only an informational resource for A.B. Martin website users. A.B. Martin exercises no direction or control over the operations of any contractor listed in connection with the Database (the “Referred Parties”). A.B. Martin does not endorse or make any representations or warranties regarding the quality or fitness of the products or services of the Referred Parties. It is understood there are no oral or other agreements between A.B. Martin and you with regard to the subject of this Agreement which are not incorporated herein. The extent of A.B. Martin’s obligation is covered in this Agreement and this Agreement only.
2. You expressly assume all risk of non-performance or faulty performance by the Referred Parties, as well as the risk of any other damage or cause of action arising from the products or services provided by the Referred Parties. You agree to waive any and all claims against A.B. Martin, its officers, directors, employees, and representatives, and hold them harmless, for any damages or losses of any kind to person or property, including direct, indirect, incidental, consequential or punitive damages arising out of or relating to the use of the Database and links from the Database and the provision of services related thereto, including but not limited to materials supplied or work performed by any of the referred parties
3. A.B. Martin disclaims any and all liability for damages or losses of any kind to person or property, including direct, indirect, incidental, consequential or punitive damages, attorney fees or costs, arising out of or relating to the use of the Database and links from the Database and the services related thereto, including but not limited to, materials supplied or work performed by the referred parties listed on the Database. A.B. Martin disclaims all warranties of any kind, either express or implied warranties of merchantability or fitness for a particular purpose. No advice or information obtained by you from A.B. Martin personnel or through the A.B. Martin website shall create any warranty by A.B. Martin whatsoever.
5. This Agreement will be interpreted using Pennsylvania law. You waive any applicable statute of limitations as the law allows. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect.
6. DISPUTES AND REMEDIES: This clause expressly supersedes all statutes and court rules dealing with determination of prevailing party, offers of settlement, and the award of attorney’s fees, and is the sole and exclusive procedure for resolving disputes. The right to small claims proceedings against the Company by you is hereby waived.