These Terms of Service (the “Terms”) are a binding legal agreement between you and TWF Digital Holdings LLC (“Company,” “we,” “us,” or “our”), which owns and operates the websites located at hddboard.com and hddnetwork.net, together with any other domain, subdomain, mirror, alias, successor domain, mobile or desktop application, API, or related service through which we make the platform available, whether now existing or later adopted (collectively, the “Service”). The Service is a single platform; the domain you happen to reach it through does not change these Terms, your account, your subscription, or your rights and obligations. Read them carefully. By creating an account, purchasing a subscription, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms include a disclaimer of warranties, a limitation of liability, a no-refund policy, a release of claims relating to ratings and reviews, and a binding arbitration provision with a class action waiver. These provisions affect your legal rights.
“You” means the individual accepting these Terms and, if you accept on behalf of a company, partnership, sole proprietorship, or other entity, that entity as well. You represent that you are at least 18 years old and, where applicable, that you have authority to bind the entity you represent. You and that entity are jointly and severally responsible under these Terms.
“Company” includes TWF Digital Holdings LLC and each of its past, present, and future owners, members, managers, shareholders, officers, directors, employees, agents, independent contractors, licensors, service providers, affiliates, parents, subsidiaries, predecessors, successors, and assigns, and any individual or entity that at any time owns, operates, hosts, develops, administers, or maintains the Service (collectively, the “Company Parties”). Every disclaimer, limitation, release, waiver, and indemnity in these Terms runs to the benefit of each of the Company Parties individually, and each of them may enforce those provisions directly as an intended third-party beneficiary.
The Service is a listing and discovery platform. It allows horizontal directional drilling and underground utility contractors (“Contractors”) to publish a profile, and allows prime contractors, general contractors, utilities, and other buyers of construction services (“Primes”) to browse, search, and view those profiles and related information.
That is all it is. The Service is an advertising and information venue. It is not an employment agency, staffing agency, broker, dispatcher, bid clearinghouse, escrow agent, general contractor, or party to any transaction between users.
A subscription buys you a listing and access to the platform. It does not buy you work.
You expressly acknowledge and agree that the Company Parties make no representation, warranty, guarantee, promise, or commitment of any kind, express or implied, regarding:
Any statistic, projection, estimate, testimonial, case study, or example of results appearing anywhere on the Service or in our marketing is illustrative only, is not a promise, and is not a guarantee of your results. Your results depend on factors outside our control, including your own profile, pricing, responsiveness, capabilities, market conditions, and the independent decisions of third parties.
No guarantee of listings or a match. The Service does not guarantee that any Contractor, Prime, or other user will be listed, available, responsive, willing, able, qualified, or suitable to perform any work you need, or that you will find, be matched with, be introduced to, or successfully engage any party to perform any work through the Service. We further do not guarantee that any particular number of listings, profiles, members, contractors, primes, or search results will exist, be available, or be visible to you at any time. The number, mix, and availability of listings depend entirely on the independent participation of third parties, which is outside our control, and may be zero. Your subscription grants access to the platform as it exists from time to time; it does not guarantee the presence of any counterparty, the availability of any particular listing, or any minimum quantity of listings or content.
You must register an account and verify your email address to use most features. You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for safeguarding your credentials and for all activity that occurs under your account, whether or not you authorized it. Notify us immediately at the customer service address in Section 16 if you suspect unauthorized access.
We may refuse, suspend, restrict, or terminate any account at any time, for any reason or no reason, with or without notice, in our sole discretion. Certain information on the Service is visible only to certain account types; the availability of information to you depends on your account type and subscription status and may change at any time.
Access to paid features requires an active subscription at the tier and price shown at checkout. All fees are stated and payable in U.S. dollars and are exclusive of any applicable taxes, which are your responsibility.
Subscriptions renew automatically at the end of each billing term at the then-current rate, and your payment method is charged automatically, until you cancel. You authorize us and our payment processor to store your payment method and to charge it on a recurring basis. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing term. Cancellation stops future renewals. It does not entitle you to a refund of amounts already paid.
We may change subscription pricing, tiers, or feature allocations at any time. Price changes apply to billing terms beginning after the change takes effect. Your continued use after a price change takes effect constitutes acceptance of the new price.
If a payment fails, we may retry it, suspend your access, hide or remove your listing, and/or terminate your account. You remain liable for all amounts owed. You are responsible for any fees, chargeback costs, collection costs, and reasonable attorneys’ fees we incur in collecting amounts you owe.
All fees are non-refundable. All sales are final. There are no refunds, no partial refunds, no credits, and no proration — including for unused time, cancellation, dissatisfaction, lack of results, or account suspension or termination for violation of these Terms.
You specifically acknowledge and agree that:
Any exception to this section is granted, if at all, solely at our discretion as a one-time courtesy, does not create a course of dealing, and does not waive this section as to any other charge or user.
The Service may display ratings, reviews, scores, badges, rankings, comments, and similar evaluative content about users (“Ratings”). Ratings may be submitted by other users, generated by algorithm or formula, derived from account activity or third-party sources, or assigned by us.
Ratings submitted by users are the opinions of those users, not statements of fact by us. We do not adopt, endorse, verify, investigate, or vouch for any user-submitted Rating. Ratings generated by us or by algorithm are subjective editorial assessments and expressions of opinion, offered for informational purposes only, and are not statements of objective fact about any person or business.
If you disagree with, dispute, or are dissatisfied with any Rating that concerns you, your sole and exclusive remedy is to contact us in writing at the customer service email address in Section 16. You have no other recourse of any kind.
To dispute a Rating, email us with your account name, the specific Rating at issue, and the basis for your dispute. We will review the dispute in our sole discretion. We may, at our option and without obligation, take no action, remove the Rating, modify it, annotate it, post your response, or request additional information. Our determination is final. We are not obligated to remove, alter, suppress, or explain any Rating, to disclose our methodology, to identify the author of any Rating, or to respond within any particular time. We do not commit to any particular outcome, and nothing in this section creates a duty, a standard of care, or an enforceable expectation of any result.
To the fullest extent permitted by law, you irrevocably waive, release, and forever discharge the Company Parties from any and all claims, demands, damages, liabilities, actions, and causes of action of every kind — whether known or unknown, at law or in equity — arising out of or relating in any way to any Rating displayed, hosted, ranked, generated, republished, aggregated, transmitted, or removed by the Service, including without limitation claims for defamation, libel, slander, trade libel, business disparagement, false light, invasion of privacy, tortious interference with contract or prospective economic advantage, unfair competition, negligence, negligent or intentional misrepresentation, infliction of emotional distress, and injury to business or reputation.
You agree that you will not file, join, fund, or maintain any lawsuit, arbitration, administrative proceeding, or other legal action against any Company Party arising out of or relating to any Rating, and that this section may be pled as a complete bar and defense to any such action. If you are a California resident, you expressly waive California Civil Code § 1542 and any similar law of any jurisdiction, which provides that a general release does not extend to claims the creditor does not know or suspect to exist in their favor at the time of executing the release and which, if known, would have materially affected the settlement.
Nothing in this section limits the immunity and protections available to us under 47 U.S.C. § 230 or any other applicable law, all of which we expressly reserve.
You retain ownership of the content you submit — profile text, company information, logos, photographs, project descriptions, credentials, reviews, and anything else (“User Content”). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, irrevocable license to host, store, reproduce, modify, adapt, translate, publish, publicly display, publicly perform, distribute, and create derivative works of that User Content for the purposes of operating, marketing, and improving the Service. This license survives termination of your account with respect to User Content you made available to others or that is retained in backups, caches, or archives.
You represent and warrant that you own or have all rights necessary to grant this license; that your User Content is accurate and not misleading; that you hold every license, registration, certification, insurance, and bond you claim to hold; and that your User Content does not infringe, misappropriate, or violate any third party’s rights or any law.
We may review, screen, edit, refuse, reorder, or remove any User Content at any time, in our sole discretion, without notice and without liability. We have no obligation to do so and do not undertake any duty to monitor.
You agree not to, and not to permit any third party to:
Violation of this section is grounds for immediate termination without refund, and may result in referral to law enforcement and legal action for damages and injunctive relief.
Any contact, negotiation, bid, contract, subcontract, purchase order, payment, work, dispute, injury, delay, defect, damage, lien, or loss arising between you and any other user of the Service — or any person you find through the Service — is solely between you and that party. We are not a party to it, we do not supervise it, and we are not responsible or liable for it in any way.
We do not verify the identity, licensure, insurance, bonding, safety record, financial condition, work quality, legal status, or statements of any user, and we do not conduct background checks. Any verification badge, tier, or indicator on the Service reflects only that certain information was submitted or that a fee was paid — it is not an endorsement, certification, guarantee, or representation of fitness. You are solely responsible for your own due diligence, contract terms, insurance, and risk management before engaging with any party.
You release the Company Parties from all claims, demands, and damages of every kind arising out of or in any way connected with disputes between users or with the conduct, performance, or nonperformance of any user or third party.
The Service, including all content, listings, ratings, data, and features, is provided “as is,” “as available,” and “with all faults,” without warranty of any kind.
To the fullest extent permitted by law, the Company Parties disclaim all warranties, express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranties arising out of course of dealing, course of performance, usage, or trade.
Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Service or its servers are free of harmful components; or that any content, listing, rating, or data on the Service is accurate, complete, current, reliable, or lawful. You use the Service at your own risk.
To the fullest extent permitted by law, in no event will any Company Party be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, contracts, bids, work, opportunity, goodwill, reputation, data, or anticipated savings, however caused and under any theory of liability — including contract, tort, negligence, strict liability, statute, or otherwise — even if a Company Party has been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.
To the fullest extent permitted by law, the total aggregate liability of the Company Parties for all claims arising out of or relating to these Terms or the Service, in the aggregate and across all claims, will not exceed the greater of (a) the total amount you actually paid to the Company for the Service in the three (3) months immediately preceding the event giving rise to the first such claim, or (b) one hundred U.S. dollars ($100.00).
These limitations apply to every claim, of every kind, whether or not you have been advised of the possibility of such damages, and are a fundamental basis of the bargain between us. Without them, the Service would not be offered at the prices charged. Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions, our liability is limited to the greatest extent permitted by law.
You will defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and expert fees) arising out of or relating to: (a) your use of the Service; (b) your User Content, including any Rating or review you submit; (c) your breach of these Terms or of any law or third-party right; (d) any dispute between you and any other user or third party; (e) any work, contract, bid, or transaction you enter into with any person or entity you encountered through the Service; and (f) any misrepresentation you make regarding your licensure, insurance, bonding, or qualifications. We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you will cooperate with our defense. You will not settle any matter in a way that imposes any obligation or admission on any Company Party without our prior written consent.
You may stop using the Service at any time and cancel your subscription from your account settings. We may suspend or terminate your account, remove your listing, and revoke your access at any time, with or without cause and with or without notice, in our sole discretion. Termination — for any reason, including termination by us for breach and termination by you — does not entitle you to any refund.
Sections 2, 5, 6, 7 (license grant), 9, 10, 11, 12, 13, 14, and 15 survive any termination or expiration of these Terms, along with any other provision that by its nature should survive.
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws rules, and by applicable federal law of the United States. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Informal resolution first. Before initiating any arbitration or proceeding, you agree to first contact us at the customer service address in Section 16 with a written description of the dispute and the relief sought, and to negotiate in good faith for at least sixty (60) days. This step is a condition precedent to commencing any proceeding.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Waukesha County, Wisconsin (or by videoconference or documents-only at the arbitrator’s discretion). The arbitrator has exclusive authority to resolve all issues, including the arbitrability, scope, and enforceability of this section. Judgment on the award may be entered in any court of competent jurisdiction.
Class action and jury waiver. All claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, private attorney general, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding, and may award relief only to the individual party seeking it and only to the extent necessary to provide relief warranted by that party’s individual claim. You and we each waive any right to a trial by jury.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Waukesha County, Wisconsin to protect intellectual property rights or to stop unauthorized access, scraping, or misuse of the Service. If the arbitration provision is held unenforceable as to a claim, that claim will be brought exclusively in the state or federal courts located in Waukesha County, Wisconsin, and you consent to their personal jurisdiction and venue.
Time limit. Any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim accrues, or it is permanently barred.
Changes to these Terms. We may modify these Terms at any time by posting the revised version with an updated “Last updated” date and, for material changes, providing reasonable notice through the Service or by email. Changes take effect when posted (or on the date stated). Your continued use of the Service, or your continued maintenance of an active subscription, after changes take effect constitutes acceptance. If you do not agree, your sole remedy is to stop using the Service and cancel your subscription — which does not entitle you to a refund.
Acceptance record. You agree that your electronic acceptance of these Terms — including the account, timestamp, IP address, and version identifier we log at the time of acceptance — constitutes a valid, binding electronic signature and is admissible evidence of your agreement.
Intellectual property. The Service, its software, design, database, compilation of listings, and all content other than User Content are owned by the Company or its licensors and are protected by law. The names HDDBoard and HDD Network, the domains hddboard.com and hddnetwork.net, and all associated logos and marks are the property of the Company. Nothing in these Terms grants you any right to use them. Your subscription grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own internal business purposes only, and no other rights.
Third-party services. The Service relies on third parties for payment processing, hosting, mapping, and email delivery, and may link to third-party sites. We are not responsible for third-party services, their availability, or their content.
Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions remain in full force. The unenforceability of any provision in one jurisdiction does not affect its enforceability elsewhere.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties’ permitted successors and assigns.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages, hosting or network failures, acts of God, labor disputes, or governmental action.
Entire agreement. These Terms, together with any policy referenced in them, are the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous understandings, communications, marketing statements, and representations, written or oral. You have not relied on any statement, promise, or representation not expressly set out in these Terms.
All notices, disputes, Rating disputes, and customer service inquiries under these Terms must be sent by email to:
TWF Digital Holdings LLC
Attn: Customer Service
Email: [email protected]
Email is the exclusive channel for notices to us under these Terms, including any dispute submitted under Section 6 and the informal resolution notice required by Section 14. A notice sent by any other means is not effective. We may give notice to you by email to the address on your account, by posting to the Service, or through your account dashboard, and such notice is effective when sent or posted.
Service of legal process must be made on our registered agent as listed in the public records of the Wisconsin Department of Financial Institutions.