Terms of Service

1. Agreement to Terms

Welcome to OurTownTrades ("Platform," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the OurTownTrades platform, website, and services operated by Our Town Trades, LLC, located at 3015 North Delta Highway, Eugene, OR 97408.

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years of age to create an account, enter into subscription agreements, or handle billing on the Platform. By registering an account, you represent and warrant that you are 18 years of age or older.

2.2 Account Holder Responsibility

As the account holder, you are fully responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, regardless of who performs them
• Any actions taken by individuals (including minors) who operate your account with your permission
• Ensuring that anyone who uses your account complies with these Terms

You acknowledge that while you may permit others (including individuals under 18) to operate your account under your supervision, you remain the legally responsible party for all account activity.

2.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security at OurTownTrades@gmail.com. We are not liable for any loss or damage arising from your failure to maintain account security.

3. Platform Services

3.1 Service Description

OurTownTrades is a lead generation and contractor marketplace platform serving Lane County, Oregon. We provide:

• Business profile pages for contractors
• Job posting and contractor matching services for customers
• Review and rating systems
• Subscription-based access to job board features

3.2 Platform Role

Important: OurTownTrades is a marketplace platform only. We:

• Do NOT provide contracting services
• Do NOT employ contractors listed on the Platform
• Do NOT handle payments between customers and contractors for services
• Do NOT guarantee the quality, safety, or legality of contractor services
• Are NOT a party to any agreements between customers and contractors

All contracts, negotiations, payments, and service delivery occur directly between customers and contractors. We are a connection service only.

3.3 Geographic Limitation

Our services are currently limited to Lane County, Oregon. We reserve the right to expand or limit our service area at our discretion.

4. Subscriptions and Billing

4.1 Subscription Tiers

Contractors may subscribe to Free, Basic, or Boosted subscription tiers. Pricing, features, and limitations for each tier are displayed on the Platform and may be changed at our discretion with notice to active subscribers.

4.2 Billing

Subscriptions are billed on a recurring basis (monthly, 6-month, or 12-month) through our payment processor (Stripe). By subscribing, you authorize us to charge your payment method on each billing cycle.

4.3 No Refunds

All subscription fees are non-refundable except as follows:

• If your account is suspended or banned for violation of these Terms, you will retain access for the remainder of your current billing period. No refund will be issued for partial months.
• If your account is suspended or banned and you have a prepaid 6-month or 12-month subscription, a prorated refund will be issued for the unused portion of your subscription term.
• Refunds will not be issued for voluntary cancellations, dissatisfaction with the Platform, or failure to use subscription features.

4.4 Failed Payments

If a subscription payment fails, we may suspend access to paid features until payment is resolved. Continued payment failure may result in account downgrade or termination.

4.5 Cancellation

You may cancel your subscription at any time through your account dashboard. Cancellation will take effect at the end of the current billing period. You will retain access to paid features until that date. No refunds will be provided for the current billing period.

5. Content and Intellectual Property

5.1 User-Generated Content

By submitting content to the Platform (including but not limited to business descriptions, photos, reviews, job postings, messages, and documents), you grant Our Town Trades, LLC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and display such content for the operation and improvement of the Platform.

5.2 Content Ownership

All content submitted to the Platform becomes the property of Our Town Trades, LLC for legal and operational purposes. However:

• We will NOT use your content for marketing, advertising, or any off-platform commercial activities without your explicit permission
• We will NOT sell or license your content to third parties
• Content will only be used for Platform operations, improvement, and legal compliance

5.3 Content Representations

By submitting content, you represent and warrant that:

• You own or have the right to submit the content
• The content does not infringe on any third-party rights
• The content is accurate and not misleading
• The content complies with all applicable laws

5.4 Third-Party Use of Content

We are not responsible if outside parties access, copy, or use content or data from our Platform for any purpose. You acknowledge that publicly visible content (such as business profiles and reviews) may be indexed by search engines or accessed by third parties, and we bear no liability for such third-party use.

5.5 Profile Removal

Contractors may request removal of their business profile page by contacting us at OurTownTrades@gmail.com. We will make reasonable efforts to remove the profile within 30 days, but reviews and content associated with your account may be retained for legal and operational purposes.

6. Prohibited Conduct

You agree NOT to:

• Submit false, misleading, or fraudulent information
• Post fake reviews or manipulate the review system
• Harass, abuse, or threaten other users
• Violate any local, state, or federal laws
• Impersonate another person or business
• Use automated systems (bots, scrapers) to access the Platform
• Attempt to circumvent security measures or access restrictions
• Upload malicious code, viruses, or harmful content
• Spam users with unsolicited messages
• Use the Platform for any illegal or unauthorized purpose
• Interfere with the proper functioning of the Platform

7. Reviews and Ratings

7.1 Review Authenticity

Reviews must be based on genuine experiences. We reserve the right to remove reviews that appear fraudulent, abusive, or violate our content policies.

7.2 Review Moderation

We may audit, flag, adjust the weight of, or remove reviews at our discretion. We are not obligated to publish all reviews submitted.

7.3 No Guarantee of Accuracy

Reviews reflect individual opinions and experiences. We do not verify the accuracy of reviews and are not responsible for their content.

8. Disclaimers and Limitation of Liability

8.1 "AS IS" Service

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Guarantee of Results

We do not guarantee:

• That you will receive job leads or customer contacts
• The quality, reliability, or legality of contractors or customers on the Platform
• That contractors have proper licenses, insurance, or qualifications
• That jobs will be completed satisfactorily
• That payments will be made between parties
• The accuracy of any information on the Platform
• Uninterrupted or error-free operation of the Platform

8.3 User Relationships

Any disputes, claims, or issues arising from relationships between customers and contractors are solely between those parties. We are not liable for:

• The quality, safety, or legality of services provided by contractors
• Property damage, personal injury, or financial loss resulting from contractor services
• Fraud, misrepresentation, or misconduct by users
• Payment disputes between customers and contractors
• Breach of contract between customers and contractors

8.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOWN TRADES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• YOUR USE OR INABILITY TO USE THE PLATFORM
• ANY CONDUCT OR CONTENT OF ANY USER ON THE PLATFORM
• ANY SERVICES OBTAINED THROUGH THE PLATFORM
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE PLATFORM EXCEED THE AMOUNT YOU PAID US IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8.5 Indemnification

You agree to indemnify, defend, and hold harmless Our Town Trades, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Content you submit to the Platform
• Services provided by or to you through the Platform

9. Account Termination and Suspension

9.1 Termination for Cause

We may suspend or terminate your account immediately for cause, including but not limited to:

• Violation of these Terms
• Fraudulent activity or misrepresentation
• Abuse of the Platform or its users
• Illegal activity
• Repeated customer complaints
• Any conduct we determine, in our sole discretion, to be harmful to the Platform, other users, or our business interests

"Cause" shall be broadly interpreted and includes any behavior that we perceive as abusive, harmful, or contrary to the purpose and integrity of the Platform, as determined by Our Town Trades, LLC.

9.2 Effect of Termination

Upon termination or suspension:

• Your subscription will not automatically renew
• You will retain access through the end of your current billing period (unless immediate termination is warranted for severe violations)
• Refunds will be handled according to Section 4.3
• Your content may be retained for legal and operational purposes

9.3 Your Right to Terminate

You may terminate your account at any time by canceling your subscription and requesting account closure at OurTownTrades@gmail.com.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at OurTownTrades@gmail.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Lane County, Oregon.

You and Our Town Trades, LLC agree that:

• Arbitration will be conducted by a single neutral arbitrator
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction
• Each party will bear its own costs and attorney's fees unless the arbitrator awards fees to the prevailing party

10.3 Small Claims Court Exception

Either party may bring a claim in small claims court in Lane County, Oregon, if the claim qualifies for small claims court jurisdiction.

10.4 Class Action Waiver

YOU AND OUR TOWN TRADES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You agree to waive any right to participate in class action lawsuits or class-wide arbitration against Our Town Trades, LLC.

10.5 Governing Law

These Terms and any disputes arising from them shall be governed by the laws of the State of Oregon, without regard to conflict of law principles. Exclusive venue for any disputes not subject to arbitration shall be the state or federal courts located in Lane County, Oregon.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform after changes are posted constitutes acceptance of the modified Terms.

We will make reasonable efforts to notify users of material changes via email or Platform notification, but it is your responsibility to review the Terms periodically.

12. General Provisions

12.1 Entire Agreement

These Terms constitute the entire agreement between you and Our Town Trades, LLC regarding the Platform and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service interruptions.

13. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

Acknowledgment

BY USING THE OURTOWNTRADES PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

If you do not agree to these Terms, you must discontinue use of the Platform immediately.