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FOR CONSUMERS
FOR PROS
IMPORTANT NOTICE: THESE TERMS OF USE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES, OR ANY RELATIONSHIP BETWEEN YOU AND PRO CONTRACTORS CLUB LLC. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE ACTION, OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY. SERVICE PROVIDERS: THE PRO CONTRACTORS CLUB LLC AND PROCONTRACTORSNEARME.COM ARE NOT LIMITED TO ARBITRATION AS TO ACTS OF FRAUD OR OTHER WILLFUL MISCONDUCT BY YOU, WHICH THE PRO CONTRACTORS CLUB LLC AND PROCONTRACTORSNEARME.COM MAY ADDRESS BY ALL LAWFUL MEANS.
Non-Discrimination
The Pro Contractors Club Inc. and ProContractorsNearMe.com will prohibit discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the basis of sex under Title IX of the Education Amendments of 1972, or on the basis of race, color or national origin under Title VI of the Civil Rights Act of 1964. No person shall on the grounds of sex (including, in the case of a woman, on the grounds that the woman is pregnant) or on the grounds of religion, be excluded from participation in, be denied the benefits of, or be subjected to discrimination, to include sexual harassment, under any program or activity supported by state and/or federal funds. The Pro Contractors Club Inc. and ProContractorsNearMe.com Contractor will also not refuse, withhold from or deny to any person the benefit of services, facilities, goods, privileges, advantages, or benefits of public accommodation on the basis of disability, race, creed, color, national origin, marital status, sex, sexual orientation or gender identity under Title 9 V.S.A. Chapter 139.
The ProContractorsNearMe.com “Lead Guarantee”.
Due to the Corona Virus, we are offering this incredible value for all initial enrollments on the Standard, Journeyman, and Pro membership plans. You will “Never” be charged by ProContractorsNearMe.com for any job leads.
Free Leads will always be available for your entire membership!
The service requests from customers are submitted directly by the customers, and even other contractors to you, via the ProContractorsNearMe.com website, telephone calls, third party websites we may partner with, or other means to provide you Free job leads.
AGREEMENT TO USE TERMS
These terms of use have several parts:
1. Agreement to Terms
2. General Program Terms apply to you in all cases, whether you are a User or a Service Provider or other user of the Services or Properties (as those terms are defined below).
3. Additional Program Terms contains additional terms applicable to home services professionals and other service providers who use our services.
4. Legal Terms and Warranty Disclaimer
5. Disputes
1. AGREEMENT TO TERMS
A. Your Consent
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SERVICES.
Membership in the Pro Contractors Club and on the ProContractorsNearMe.com network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join the Pro Contractors Club and ProContractorsNearMe.com program, you represent and warrant that you are eligible. You agree to all terms and conditions of this Agreement and represent, on behalf of yourself, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a member, and thereafter while this Agreement remains in effect. Unless otherwise stated, all terms and conditions set forth in this Agreement that applies generally to members also apply to and bind you. In that situation, “you” and “your” will refer to both you and that entity.
This constitutes a legally binding contract between Pro Contractors Club Inc, and ProContractorsNearMe.com, (“Pro Contractors Club LLC, ProContractorsNearMe.com”, “we,” “us”) and you, with respect to your use of this Web site, our applications, our services, and other ProContractorsNearMe.com web and digital properties (collectively, the “Properties”), and all products and services available from ProContractorsNearMe.com, service providers or other third parties in connection with the Properties (individually and collectively with the Properties, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these terms of use, our Privacy Policy (located here) and any applicable Additional Program Terms (as defined below), including any updates posted here or otherwise communicated to you (collectively, the “Terms”).
We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews online. You can solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in the directory as it is the ProContractorsNearMe.com sole discretion. ProContractorsNearMe.com has a “three strikes” rule and service provider rating. Three strikes and you are out! All strikes and ratings are reviewable at the ProContractorsNearMe.com discretion. After three strikes you will no longer be permitted to participate, we determine the strikes, and until we can verify the account issues and or complaints have been corrected (your directory listing will remain non-active). You always will have the ability to improve your rating by acquiring additional positive reviews to lift the non-active rating. You must obtain additional consumer reviews and provide additional information submitted through the ProContractorsNearMe.com platform.
You also have the ability and option to have a background check allowing you to receive a blue verified checkmark next to your service provider profile. A “Pro” Membership will also help with placement on the ProContractorsNearMe.com platform for placement.
References to ProContractorsNearMe.com (or “we” or “us”) in the Terms include ProContractorsNearMe.com service providers or suppliers, to the extent that such service providers or suppliers are acting for or on behalf of ProContractorsNearMe.com with respect to the Properties. For the avoidance of doubt, this does not include the providers of home-related services referred to in the Terms as “Service Providers”, “Members”, “Students” or “Pros” which act on their own behalf and not for or on behalf of the Pro Contractors Club or ProContractorsNearMe.com programs.
B. Our Privacy Policy
Our Privacy Policy, which describes how we collect and use information from our users, is available through the link titled “Privacy” on our homepage and other locations within the website.
C. Other Program Terms
Certain programs offered by ProContractorsNearMe.com may have additional terms and conditions (the “Additional Program Terms”). If you elect to participate in one of these programs, ProContractorsNearMe.com will communicate the applicable Additional Program Terms to you. By participating in such a program, you acknowledge that you have read, understood, and agree to be bound by, the Additional Program Terms, which will be deemed to be a part of this Agreement.
D. Changes to Terms
We may modify the Terms listed here at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
2. GENERAL PROGRAM TERMS
A. Our Services
ProContractorsNearMe.com instantly connects homeowners, consumers, property managers, individuals, and other persons (“customers”) expressing interest in certain services relating to home improvement, repair, maintenance, other types of tasks, projects, and other users of the Services (each, a “User”) with providers of home-related services (each, a “Service Provider”). Through the ProContractorsNearMe.com platform, Service Providers can make their products and services available to any User in response to project requests or inquiries made from any form of communication.
B. No Responsibility, Endorsement or Guarantee for Service Providers; Quotes, Estimates, Sale Contracts or Agreements
ProContractorsNearMe.com does not deliver and is not responsible for, any Service Provider’s products, services, recommendations, or advice. ProContractorsNearMe.com is not an agent of any Service Provider, and Service Providers are not employees or agents of ProContractorsNearMe.com. The ProContractorsNearMe.com does not engage the Service Provider, except through the ProContractorsNearMe.com program in which ProContractorsNearMe.com, manages and handles “membership payments” for our services provided to the Service Providers listed on our paid platform. Neither ProContractorsNearMe.com nor any third party that refers you to the Services sponsors endorses, recommends or approves any such Service Provider. While we try to confirm that Service Providers meet certain requirements, we cannot and do not represent or warrant that any Service Provider is licensed, qualified, bonded, insured, or capable of performing any service. We do not make any guarantees, warranties or representations of any kind regarding any Service Provider or any products, services, or advice of any Service Provider, and neither we nor any third party that refers you to the Services will be responsible for any action or inaction of any Service Provider. For additional clarity, any reference to, or use by any Service Provider of any Services, Properties, or trademarks or other brands or names of ProContractorsNearMe.com does not in any way change the disclaimers by ProContractorsNearMe.com regarding Service Providers as described in this paragraph. Reference to any products, services or other information by trademark, manufacturer, supplier, or otherwise does not constitute or imply an endorsement, sponsorship, or recommendation by us. We do not guarantee the Services can match a User’s service needs with a Service Provider or that there are Service Providers in a User’s area that are capable of and willing to meet a User’s service needs. Any bid, quote or estimate provided in connection with the Services is only a guide, not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When a Service Provider provides you with products, services, or advice, your rights will be governed by your contract with the Service Provider and by applicable federal, state, and local laws.
C. User Account
Account registration is required for Users to receive or use certain Services. When you open or confirm an account, you will be required to provide us with specific personal information, which may include your name, address, mobile phone number, and (if applicable) credit card payment details. You must keep your account information complete, accurate, and current at all times. You agree to maintain the security of your account information and you are responsible for all activity in connection with your account. By creating your account, you agree communication may be made with you via telephone, email, text (SMS) message, or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.
D. Telephone Calls and Other Communications
When you contact us, when we contact you, or when you communicate with a Service Provider or a User through the Services (including when we connect Users and Service Providers by of for any form of communication), we may follow up for customer satisfaction and other purposes.
By providing your telephone number(s), you consent to receive auto-dialed, pre-recorded, or artificial voice calls and text (SMS) messages:
Your Consent to Receive Automated Calls/Texts
Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services. We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services. You agree that automated calls or text (SMS) messages may be made to your telephone number(s) even if your number(s) is registered on any state or federal Do Not Call list. You agree to be contacted at any email or mailing address or telephone number that you or anyone acting on your behalf provides to ProContractorsNearMe.com or that we obtain through other lawful means. For complete details on our use of your information, including Collected Information (as defined below), and how to opt-out of receiving ProContractorsNearMe.com marketing communications, please see our Privacy Policy.
E. Fees & Charges
When Service Providers perform work for you, you will be charged for the products or services they provide (“Service Provider Charges”). You should confirm Fees & Charges each time you request or contract the Service Provider for products, advice, or services. Applicable sales tax will be added to all Charges where required by law.
F. Payment
Payments for (“Service Provider Charges”) are due and payable directly to Service Providers. Payment terms for Service Provider Charges will be as agreed upon between you and the Service Provider you hire. You acknowledge and agree that your purchases of services and products directly from a Service Provider are transactions between you and that Service Provider, and not with ProContractorsNearMe.com. When you use a credit card to pay for Service Provider Charges, you represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Service Provider Charges. You agree not to initiate a chargeback with your credit card issuer unless, and until you have exhausted all attempts to resolve any disputes directly with the Service Providers, and you understand that initiating a chargeback does not extinguish your obligation to pay for services rendered.
G. Limited License to Users
We hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms.
H. Limited License to Service Providers
We hereby grant you, as a Service Provider acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information, products, and services to Users as contemplated by the Services, subject to your compliance with the Terms.
I. Pro Contractors Club Services and ProContractorsNearMe.com trademarks are Protected
The Services, including all materials, content, and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of ProContractorsNearMe.com (collectively, the “Content”), are the proprietary property of ProContractorsNearMe.com and its suppliers and licensors and are protected by the United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services. Except for the limited license explicitly granted to you under the Terms, no other license is granted to you, whether by implication, estoppel, or otherwise, and all rights are explicitly reserved.
J. No Reverse Products Engineering
You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). Furthermore, any improvements, extensions, and derivatives in the idea that a User or Service Provider may suggest or make shall be the property of the Pro Contractors Club and ProContractorsNearMe.com program, and the User or Service Provider hereby assigns interest in such improvements, extensions, and derivatives to, Pro Contractors Club and ProContractorsNearMe.com and shall assist in perfecting and enforcing all rights therein.
K. No Automated Queries; No Harvesting
You may not access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that ProContractorsNearMe.com does not intentionally make available through the Services. However, general-purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Service Providers for any purpose.
L. No Improper Uses
You may not frame any part of the Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm ProContractorsNearMe.com, our service providers or suppliers, Service Providers, other Users or any other person.
M. No Objectionable Conduct
You agree that, in using the Services and interacting with ProContractorsNearMe.com, Service Providers and/or Users (as the case may be), you will not:
1. Engage in deceptive or fraudulent behavior
2. Engage in any form of harassment or offensive behavior,
3. Infringe or violate the privacy rights, property rights or any other rights of any person or entity; or
4. Create abusive, threatening, defamatory, racist, obscene, or offensive statements.
5. Violate any applicable law, rule, or regulation.
N. Accurate Information
If you are a User, you will be asked to disclose certain information about yourself and your service requirements when you submit a request for Service Provider services and when you open or confirm your ProContractorsNearMe.com account. You agree to provide us with accurate, complete, and up to date information and to keep it updated, complete, and correct. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a telephone number that is not your own. If we discover any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not correct or update such information.
O. Collected Data Definition
You agree and acknowledge that ProContractorsNearMe.com, Service Providers and Users may collect data, text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, “Information”) before, during, and after the provision of Services, or otherwise in connection with the Services (individually and collectively, “Collected Information”). If you (or your agents or authorized representatives) order a ProContractorsNearMe.com product and provide your information to be used in that product (for example, if your inspection data is provided to ProContractorsNearMe.com to create a Repair Estimate Report), then Collected Information includes the provided Information.
P. You Are Responsible for User Submissions
The Services may permit you and other Users and Service Providers to submit Information (individually and collectively, “User Submissions”). The person submitting a User Submission, and not ProContractorsNearMe.com, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if a Service Provider provides you with advice or other information, the Service Provider (and not ProContractorsNearMe.com) is solely responsible for that advice and information. You acknowledge and agree that ProContractorsNearMe.com has no obligation to pre-screen you or any other person’s User Submissions. Knowingly submitting false names or contact information, or not keeping your contact information updated, not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for ProContractorsNearMe.com and our service providers and partners. Accordingly, if you knowingly input false information in a service request, including any name, telephone number or other contact information that is not yours (whether it’s someone else’s or just made up), or if you fail to keep the information in your ProContractorsNearMe.com account current and correct, you agree to fully indemnify and be liable to ProContractorsNearMe.com and each Service Provider or other party who accepts that service request for any claims (including claims under the Federal Telephone Consumer Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys’ fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
Q. Limited Disclosure of User Submissions
ProContractorsNearMe.com will not display the address of projects or precisely pinpoint the project location on a map to all Users. However, ProContractorsNearMe.com and its licensees may display the address and other User Submissions associated with a given project to a limited audience, including the homeowner of that address, Service Providers, and other third parties involved in the Services. You further acknowledge and agree on the description of the project for which you request Service Provider services, all information contained in any reviews of Service Providers you submit, and any photos you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information you do not wish to be seen by the public.
R. License to User Submissions
With respect to both User Submissions and Collected Information, you grant ProContractorsNearMe.com a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium, subject to our obligations in the Privacy Policy relating to personal information. We will not pay you or otherwise compensate you for User Submissions or Collected Information. Further, you represent that you are the exclusive owner of all rights in the User Submissions you submit.
S. Do Not Post Illegal, Harmful, or Prohibited Content
You agree not to post, submit or link to any User Submissions material that (i) is prohibited under the section above entitled Permissible Use/No Objectionable Conduct; (ii) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and/or (iv) facilitates gambling, gaming, raffles, lotteries, sweepstakes, or any other activity featuring the award of a prize.
T. Reviews of ProContractorsNearMe.com
You may only post a review of a Service Provider if you have first-hand knowledge of the services provided by such Service Provider (that is, such Service Provider provided products or services to you). You may not accept anything of value from a Pro Member or Service Provider in exchange for posting a review. You may not post or submit a review of a Service Provider if you are (i) an employee, contractor, partner of, or otherwise affiliated with, such Service Provider, (ii) an employee, contractor, partner of, or otherwise affiliated with, a competitor of such Service Provider, or (iii) related to such Service Provider, including by blood, adoption or marriage. You agree with any review that you post or submit will be honest and factually accurate.
U. Review of User Submissions
We do not approve, control, or endorse your or anyone else’s User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.
V. Improvements & Suggestions
If you elect to provide or make available to ProContractorsNearMe.com any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), ProContractorsNearMe.com will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
W. Accuracy of Information Provided
ProContractorsNearMe.com makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties when we are notified or otherwise become aware of such inaccuracy. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
X. Third-Party Materials and Intellectual Property
The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third-Party Materials”), and Third-Party Materials may be provided on the ProContractorsNearMe.com Properties as part of the Services. These Third-Party Materials are not owned or controlled by ProContractorsNearMe.com. These Third-Party Materials are provided for your reference and convenience only and do not imply any endorsement, sponsorship, or recommendation by ProContractorsNearMe.com. All non-ProContractorsNearMe.com trademarks, product names, and logos appearing on our Services are the property of their respective owners.
1. Release Of Media
You hereby grant The Pro Contractors Club and The ProContractorsNearMe.com platform permission to use statements, photos, and videos of you in any and all of its publications, including but not limited to website use, social media, advertisements, email newsletters, brochures, and flyers. You grant the Pro Contractors Club permission to convey information related to you for the purposes of publicizing the Pro Contractors Club programs or for any other lawful purpose. You understand that all such images and information will be made without payment or any other consideration. You understand and agree on any video content, live streams, and photos that are taken will become the property of the Pro Contractors Club and will not be returned. You hereby irrevocably authorize the Pro Contractors Club to edit, alter, copy, exhibit, publish or distribute information related to you, or the company you are representing by participating in this program for the purposes of publicizing the Pro Contractors Club’s programs or for any other lawful purpose. Additionally you and the company you represent today waive any right to royalties or other compensation arising or related to the use of the media. You have read this release of media clause and fully understand the contents, meaning, and impact of this paragraph.
Y. Copyright Infringement
If you believe your work has been reproduced in connection with the Services in a manner which constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to ProContractorsNearMe.com at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification should be submitted to:
Pro Contractors Club Inc.
Attn: Pro Contractors Club Legal Department
7755 Center Ave. 11th Floor
Huntington Beach, CA 92647
Contact@ProContractorsClub.com
(714) PRO-CLUB
If you are a User receiving services from a Service Provider, your rights will be governed by your contract with the Service Provider and by applicable federal, state, and local laws.
Z. Modification of Services
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
AA. Termination; No Right to Services
We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to terminate, limit or prevent any User’s or Service Provider’s future access to and use of the Services, at any time and for any reason (including those specifically described in these Terms).
3. ADDITIONAL PROGRAM TERMS
If you are a Service Provider, the General Terms for All Service Provider’s terms below also apply to you.
A. Licenses, Qualification, and Insurance
If you solicit, accept, or perform services through the Services, you agree that:
B. Performance of Services Requested
You agree:
If you subcontract any of the work, it is your responsibility to ensure your subcontractors meet all of the requirements of the Terms applicable to Service Providers, including those relating to qualifications, licenses, insurance, data use and security, and compliance with applicable law. Any action or omission by your subcontractor that would be a breach if done by you will be deemed to be a breach of the Terms by you.
C. User Information
ProContractorsNearMe.com may provide you with personal information relating to Users that are seeking products or services. You agree that:
D. Encumbrances
You agree that, except to the extent specifically permitted by the terms of a written agreement between you and a User with respect to a project, you will not file or record any lien, claim of lien, stop payment notice, stop notice, security interest, or other encumbrance (“Encumbrance”) on the property of any User; and if you become aware of an Encumbrance related to your work for a User that is not expressly permitted by your agreement with that User, you will cause the release, dissolution, cancelation or removal of such Encumbrance within 5 business days, irrespective of its validity. We have the right, but not the obligation, to take any and all steps necessary to promptly release any impermissible Encumbrances. You must reimburse the User (as the case may be) all costs and expenses, including but not limited to legal fees, incurred by the User because of any impermissible Encumbrances.
E. Disputes with Users
You agree that you will cooperate with ProContractorsNearMe.com if we attempt to facilitate the resolution of any customer dispute or complaint between you and a User to whom you provide products, services, or advice. However, we will not be liable to you, the user, or any other person for the resolution of (or failure to resolve) any such matter. You agree to reimburse the User for any such payments and for any costs, expenses, or attorneys’ fees in connection with such dispute as ruled within the applicable federal, state, and local laws. You agree ProContractorsNearMe.com has the right to disclose any information we have regarding you to any authorities requesting information from us regarding any product, services, or advice you have provided or proposed to provide or any Services we have provided to you.
F. Informational Requests and Updates
You agree to comply with ProContractorsNearMe.com informational requests from time to time in connection with the Services, including providing information to be used by ProContractorsNearMe.com (or our service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm the status if we have connected you with a User. You agree to immediately notify us if: (i) any information you have provided to ProContractorsNearMe.com, or any relevant information about you, has changed, (ii) a User has notified you they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
G. Taxes
You agree to properly register to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services (“Taxes”), and to collect and timely remit such Taxes to the applicable tax authorities. You acknowledge and agree that you are responsible for collecting, withholding, remitting, and reporting all applicable Taxes on the provision of your products or services to Users, except for those Taxes or tax-related payments that ProContractorsNearMe.com is required by law to collect or withhold. You agree that you, and not ProContractorsNearMe.com, are solely responsible for all matters related to Taxes. You agree to provide a current and correct W-9 to ProContractorsNearMe.com upon request.
H. Reviews and Website link
If you have a ProContractorsNearMe.com profile on the website, you agree to link your website to your ProContractorsNearMe.com profile, at a place on your website determined by you, using the following text: “Check out my projects and reviews on www.ProContractorsNearMe.com” When you include the contact information of a past customer in your project information that you submit to ProContractorsNearMe.com, you agree that we may reach out to that person asking for reviews and recommendations of you.
I. Quality Control
We may access and monitor your ProContractorsNearMe.com account and usage and communication information and may monitor, review and use such account and usage and communication information as we deem appropriate, including as reasonably needed to confirm the status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify the information you or Users have provided.
J. Pro Contractors Near Me Account and Profile
You will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate, complete, and up to date information in connection with the Services; and keep that information updated, complete and correct. You understand and acknowledge that the amount and quality of your information (including the amount and quality of profile data, project activity, and endorsements) will affect your exposure within the Services. You agree that ProContractorsNearMe.com may suspend or terminate your ProContractorsNearMe.com account if it remains inactive for 90 days or more, or if you fail to respond to ProContractorsNearMe.com active communications for 30 days or more.
K. Independent Contractor
You acknowledge you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with ProContractorsNearMe.com is intended or created by the Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of ProContractorsNearMe.com, and that ProContractorsNearMe.com has no power or authority to make any commitments on your behalf. You are solely responsible for the supervision, direction and control, compensation, benefits, and withholdings of all of your personnel.
L. Additional Program Terms for Certain Service Providers
Service Providers participating in certain programs, such as Service Providers who participate in our ProContractorsNearMe.com verified green background checkmark Services program, may be subject to Additional Program Terms that may be additional to or different from those herein. If you participate in one of these programs, you will be required to agree to the Additional Program Terms provided to you. In the event of any conflict between the Additional Program Terms and these terms of use, the Additional Program Terms will govern. ProContractorsNearMe.com policy for passing the background check is shown below. Members who want to participate in the Program must give their consent for ProContractorsNearMe.com and or its third-party service provider to conduct background checks, and provide the information requested to perform the checks. (If your company already utilizes a background check vendor to screen your employees, we can arrange an alternative screening process for you). Once a member passes the initial background check, the pro is eligible to participate in the Program.
M. Background Checks
Any member can easily apply to the Pro Contractors Near Me Verified check program, but only individuals who pass a background check will receive a verified checkmark. If you are an individual with a Pro Contractors Near Me listing profile and desire a Verified green checkmark on your personal profile, please Apply Today!
What qualifies a member to join the Verified Network?
Individuals and even students must pass a background check to be able to join the Verified network for receiving the Verified blue checkmark next to their member profile. Details about the specific requirements to pass the background check are listed as follows.
What makes a member pass or fail the background check?
See the chart below for details about the types of crimes our third-party background check service provider will look for, and the eligibility guidelines based on their findings.
Charges | If the charge was a felony | If the charge was a misdemeanor |
Crimes involving children, Sex offender registration, Crimes of sexual nature, Murder/Homicide, Peeping, Stalking, Robbery, Fraud, Arson, Manslaughter, Impersonating a Police Officer | Not eligible for the verified check program | Not eligible for the verified check program |
Assault, Attempted escape, Battery, Bribery, Coercion, Communicating threats, Theft, False Checks, Endangerment of person/s, Embezzlement, Class Action Lawsuits | Ineligible if the charge was in the last 8 years as an adult.
Note: 2 or more repeat offenses of the same charge and you are not eligible.
| Ineligible if the charge was in the last 5 years as an adult.
Note: 2 or more repeat offenses of the same charge and you are not eligible. |
Domestic violence, Drug Possession, Drug Distribution, Prostitution, Violation of restraining order, Harassment, Possession of stolen goods, Vandalism, Trespassing | Ineligible if the charge was in the last 8 years as an adult.
Note: 2 or more repeat offenses of the same charge and you are not eligible. | Ineligible if the charge was in the last 3 years as an adult.
Note: 3 or more repeat offenses of the same charge and you are not eligible for 10 years. |
Traffic Violations, DUI/DWI, Traffic infractions, Solicitation, Failure to appear, Minor Trade violations | Eligible for verified check program | Eligible for verified check program |
1. ProContractorsNearMe.com is only interested in charges in where a “verdict of guilty” was reached.
2. ProContractorsNearMe.com reserves the right to update our policies by adding/removing/moving charges from one category to another.
3. ProContractorsNearMe.com’s third-party vendor uses a national criminal database (“NCD”) to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states due to state laws and other Federal restrictions: AL, CO, DE, GA, ID, KS, KY, LA, ME, MA, MI, MN, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
N. Restrictions
Your profile may only use the ProContractorsNearMe.com verified green checkmark in the event you have purchased a ProContractorsNearMe.com background screening criteria initially which shall be determined in ProContractorsNearMe.com sole discretion. ProContractorsNearMe.com may also re-screen your business at any time in its sole discretion and may terminate this Agreement in ProContractorsNearMe.com sole discretion. Further, you agree we will display the ProContractorsNearMe.com verified checkmark solely in connection with the name of the membership for which ProContractorsNearMe.com pre-screens you for. As an example, if you are pre-screened as BBC plumbing with one profile, you may not use the ProContractorsNearMe.com verified mark to advertise your business for any services other than your name for that company’s services. Further, you may only use the ProContractorsNearMe.com verified checkmark in the state or states for which you have been screened by ProContractorsNearMe.com. You may only use the ProContractorsNearMe.com checkmark for its intended use, and you may not misrepresent ProContractorsNearMe.com, ProContractorsNearMe.com products or Services, your affiliation with ProContractorsNearMe.com, or the ProContractorsNearMe.com verified checkmark. If at any time your business status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to ProContractorsNearMe.com, and if such changes cause your business to fail the ProContractorsNearMe.com screening criteria, in ProContractorsNearMe.com sole discretion, then your license to use the ProContractorsNearMe.com verified checkmark is immediately suspended, and if not remedied to ProContractorsNearMe.com satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by ProContractorsNearMe.com annually, and at any other time as desired by ProContractorsNearMe.com, and failure to allow such rescreening, or failing the re-screening, in ProContractorsNearMe.com sole discretion, shall result in the immediate and automatic termination of this Agreement. You do not have any right to use the ProContractorsNearMe.com name or logo separately or apart from the ProContractorsNearMe.com verified checkmark. If the member fails the background check as part of the process for the optional selected Program and has already paid the initial fee for the Program, the initial processing fee will not be refunded. The member will be placed in the program as a “non-verified” account and will not be granted the green verified check-marked account approval. If the member fails the background check at a later date, his or her membership in the Program will and can be terminated and no portion of the membership fee will be refunded. In either case, we will charge a non-refundable $49.00 processing fee to recover our costs of performing the background check. Pros are generally not required to have an optional background check to have a profile on ProContractorsNearMe.com. But if they do have a background check and fail, then they are simply no longer eligible for a verified green checkmark next to their name. If you are a Service Provider or Student, the terms below also apply to you.
O. License for an Approved Shield
While this Agreement remains in effect, and while you remain in full compliance with all terms, ProContractorsNearMe.com hereby grants you a non-exclusive, non-transferable, non-sublicensable, license to use the annual services and for only “Pro Plan” memberships to display the Pro Contractors Club Approved Shield in connection with helping market your business as a club member. You agree any use or display of the Pro Contractors Club Approved Shield must comply with all standards and guidelines of Pro Contractors Club adopted from time to time with respect to the proper use and display. The Pro membership plans will receive a Pro Contractors Club Approved Shield to be placed on your Pro Contractors Near Me profile and on your personal website.
P. Accessing the Pro Contractors Club Approved Shield
You agree that you shall access the Pro Contractors Club Approved Shield solely via the following methods: (a) via a code snippet provided to you by Pro Contractors Club for use online on your website, or (b) any other method generally offered by Pro Contractors Club You may not make any changes or modifications to the Pro Contractors Club Approved Shield (including the code snippet), and shall only use the Pro Contractors Club Approved Shield in the exact form and format in which it is provided to you by ProContractorsNearMe.com program.
Q. Job Openings and Opportunities Program
As a Service Provider and/or a Student, we may offer you the opportunity to participate in Pro Contractors Club “Job Opportunities Program”, which allows you to view additional job opportunities submitted by Service Providers or Distributors. If you accept a Job Opportunities lead, you agree to the following: (i) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely leads, whether the employer hires you.
R. No Guarantee
As a Service Provider, Member, Pro, or Student, you agree and acknowledge that ProContractorsNearMe.com cannot and does not guarantee the results of any Services provided by ProContractorsNearMe.com, including the exposure you will receive as part of the Services, the number or quality of potential customers or employers with whom you will have contact. Whether a homeowner will contract with you to do the work if you respond to their project request or if it is an employer who sent you a student a direct message on the platform. You acknowledge that ProContractorsNearMe.com will determine in its sole discretion the manner and terms of Services provided to Service Providers and Students. By way of example and not limitation, ProContractorsNearMe.com may impose limits on the type and/or a number of Service Providers and Students that can participate in particular programs, and the amount and availability of discounts for particular programs, services or Service Providers including Students.
S. Fraud or Other Willful Misconduct
Notwithstanding anything else herein to the contrary, you understand that, in the event of willful misconduct by you against ProContractorsNearMe.com or any ProContractorsNearMe.com homeowner, customer or other User of any ProContractorsNearMe.com Services, including but not limited to fraud, theft, failure to perform services for which you received any deposit or payment, or willful damage to property, ProContractorsNearMe.com shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a fee equal to three times the dollar amount or value of such fraud, theft, retention of unearned payments, willful damage or other willful misconduct. This fee shall constitute liquidated damages to compensate ProContractorsNearMe.com for the time and effort of ProContractorsNearMe.com employees, agents, representatives, and attorneys in addressing, investigating, and rectifying your misconduct, and you hereby agree that such fee is reasonable and appropriate. Further, ProContractorsNearMe.com reserves the right to pursue legal action against you through the state and federal courts of California or other appropriate jurisdiction in the event ProContractorsNearMe.com determines you have committed fraud, theft, willful failure to perform services for which you have received a deposit or payment, or willful damage to property to, against or involving ProContractorsNearMe.com or any User. You agree and consent to the personal jurisdiction and venue of the federal and state courts in Orange County, California, for any such court action or proceeding.
Products and Services for Pro Contractors Club & ProContractorsNearMe.com Members
If you are a Service Provider handling projects directly with homeowners through the ProContractorsNearMe.com Professional Network the terms in this section also apply to you.
T. Product Terms
ProContractorsNearMe.com and you may agree to six months or annual term, and other terms of in writing, telephonically or electronically, including by email or within ProContractorsNearMe.com communication platform.
Subscription Products for Pro Contractor members
U. Fees to Service Providers
You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any 6 month or annual membership plans presented to you (as shown under the plans section or for any inclusion in our verified member’s service or any other subscription offering. You will pay ProContractorsNearMe.com applicable non-refundable fees which may include: (i) an annual membership fee; (ii) Screening fees; Pro Contractors Club Inc. reserves the right to charge your credit card for Membership fees immediately upon receipt of your credit card information by you or your representatives for enrollment when ready. We will only charge your card once a year for your annual membership.
V. Membership and Subscription Fees
For purchases of a six-month subscription membership, you will be charged every 6 months. For an annual subscription membership, you shall pay such fees on an annual basis, as applicable. You agree that payment will be made to Pro Contractors Club initiating an ACH transfer or processing your credit card, in advance, on a six month or annual basis, as applicable.
W. Automatic Renewal of Subscription
After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a “Renewal Term”), at the renewal price communicated to you at the time you purchased your initial subscription (“Renewal Price”) unless Pro Contractors Club provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won’t be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Pro Contractors Club to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Pro Contractors Club to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Pro Contractors Club does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Pro Contractors Club may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
X. Free Trials and Other Promotions
Any free trial or other promotion that provides a subscription to the ProContractorsNearMe.com services automatically renews in the same manner as set forth above under the section titled “Automatic Renewal”, provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period to avoid being charged the Renewal Price.
Y. Term
The “Initial Term” of a Subscription Product begins on the first day the Subscription Product is made available to a member and continues for the length of time specified in the Confirmation Email unless earlier terminated in accordance with the Terms. After the Initial Term, if a Subscription Product has not been terminated, it will automatically renew for successive Renewal Terms (as defined below) until terminated by ProContractorsNearMe.com or the member in accordance with the Terms. A “Renewal Term” is a length of time specified in the Confirmation Email. For example, if the Confirmation Email specifies a monthly billing period, then the Renewal Terms are one month each, with the Subscription Product automatically renewing for additional one-month billing cycles until terminated in accordance with the Terms. Termination of the Initial Term or the then-current Renewal Term may only be done in accordance with the termination procedure described below.
An annual membership in the Program is non-cancelable and non-refundable during the then-current membership term, except as expressly provided in these Terms. Any cancelation notice received during the membership term will be deemed to be a notice of non-renewal; the membership will terminate at the end of the term (instead of being automatically renewed), and the Verified Pro Contractor will continue to have the benefits of the Program until the end of the term. No refund will be made. For example, if you sign up for a 12-month membership and “cancel” 30 days before the end of the period, the membership (including the ProContractorsNearMe.com Verified checkmark and all other network benefits) would continue until the end of the 12-month term, and the membership would terminate at the end of the 12-month period. We offer the option to perform a background check when a member applies to join the Program.
Z. Confidentiality
If you receive confidential information from ProContractorsNearMe.com, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning ProContractorsNearMe.com fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, policies and practices, trade secrets, and any and all other information that is not generally known to the public.
AA. Payment
If you purchase a Subscription Product, you authorize ProContractorsNearMe.com to bill your credit card in the amounts and on the schedule specified in the Confirmation Email, on the applicable billing dates. You agree to notify ProContractorsNearMe.com of any changes to your credit card information necessary to process your payment. If ProContractorsNearMe.com is unable to process the payment, you will be responsible for making an alternate payment arrangement and any resulting processing fees that may be incurred, plus late fees as described below. Any prepaid amounts are not refundable, except as specifically described in the Terms.
AA 1. Referral Payments
If you referred a new contractor who purchases a Subscription Product from us (Standard, Journeyman, or Pro membership) through your personal referral link, that we have and can verify, you authorize ProContractorsNearMe.com to send you a cash referral payment. The amount of the cash referral payment is specified in the My ToolBox section of your membership. You agree to notify ProContractorsNearMe.com of any changes in your ability to receive these payments. If ProContractorsNearMe.com is unable to process the payment, you will be responsible for updating the deposit information through your account.
AB. Billing Issues
Any disputes about charges to your account must be submitted to Pro Contractors Club in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30-day period, and all such charges will be final and not subject to challenge.
AC. Termination
To terminate a Subscription Product, you may do so solely by notifying ProContractorsNearMe.com at least 30 days prior to the last day of the Initial Term or the last day of the then-current Renewal Term by contacting us at contact@ProContractorsClub.com or calling (714) PRO-CLUB. You can always change your membership level, however there will be a $100 processing fee and it will be pro rated accordingly. The effective date of termination will be the last day of the Initial Term or then-current Renewal Term (as applicable) and not before such date. ProContractorsNearMe.com may terminate a Subscription Product immediately by providing written notice to you (either by email or letter). If ProContractorsNearMe.com terminates your Subscription Product because of your material breach of the Terms, you will not be entitled to a refund of any previously paid amount.
Notification for Disputes should be submitted to:
Pro Contractors Club Inc.
Attn: Pro Contractors Club Disputes Team
7755 Center Ave. 11th Floor
Huntington Beach, CA 92647
Contact@ProContractorsClub.com
(714) PRO-CLUB
4. LEGAL TERMS AND WARRANTY DISCLAIMER
The Services are provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the ProContractorsNearMe.com Parties disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with ProContractorsNearMe.com, Users, Service Providers or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
A. Limitation of Liability
In no event will the ProContractorsNearMe.com Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, ProContractorsNearMe.com, Users, Service Providers or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not ProContractorsNearMe.com is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the collective liability of the ProContractorsNearMe.com Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, ProContractorsNearMe.com, Users, Service Providers or other third parties exceed the lesser of (a) the amount you have paid to ProContractorsNearMe.com for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to ProContractorsNearMe.com, one hundred dollars (if you are a User) or one thousand dollars (if you are a Service Provider). Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such a period will be VOID.
B. Indemnification
In addition to your indemnification obligations with respect to a false or incorrect information (described above), you agree to indemnify, defend and hold harmless the ProContractorsNearMe.com Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages, and costs (including attorneys’ fees) due to or arising out of (2) your transactions with Users, Service Providers or other third parties, or (3) any violation by you of any of the Terms or applicable laws. ProContractorsNearMe.com reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ProContractorsNearMe.com in asserting any available defenses.
C. Notice of Rights and Release
You agree that you bear all risk and, in consideration of the services provided by Pro Contractors Club Inc. and ProContractorsNearMe.com, you hereby release Pro Contractors Club Inc. and ProContractorsNearMe.com, affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the “ProContractorsNearMe.com Parties”) from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, ProContractorsNearMe.com, Users, Service Providers or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
5. DISPUTES
A. Binding Arbitration
You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to, use of the Services or the Properties, or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Orange County, California. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of entering judgments on arbitral awards.
B. Class Action Waiver
Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
C. Venue
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in Orange County, California. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-convenience, or any similar grounds with respect to any such proceeding. Notwithstanding anything to the contrary, you and ProContractorsNearMe.com may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
D. Governing Law
You agree that the Terms and any Dispute will be governed solely by the United States and California state law, without regard to conflict of law provisions. A User’s rights under an agreement with a Service Provider will be governed by the terms of that agreement and by applicable federal, state, and local laws.
E. Attorneys’ Fees
If any of the ProContractorsNearMe.com Parties take legal action against you as a result of your violation of these Terms, the ProContractorsNearMe.com Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the ProContractorsNearMe.com Parties.
F. Construction
All references to “dollars” or “$” in the Terms or on the Properties refer to United States dollars. Unless otherwise indicated, the words “include,” “includes” and “including,” when used in the Terms, shall be deemed in each case to be followed by the words “without limitation.”
G. Assignment
The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with ProContractorsNearMe.com prior written consent but may be assigned by ProContractorsNearMe.com without restriction and without notice to you.
H. Entire Agreement and Severability
The Terms (which, as noted above, include any applicable Additional Program Terms) constitute the entire agreement between you and ProContractorsNearMe.com concerning the Services and supersede all prior or contemporaneous communications of any kind between you and ProContractorsNearMe.com with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
I. Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ProContractorsNearMe.com failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
J. Third-Party Beneficiaries
Nothing in the Terms create any right of action on the part of any third party, except (i) for the ProContractorsNearMe.com Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Program Terms.
K. Captions, Headings or Titles
All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or a limitation of the scope of the particular paragraphs or sections to which they apply.
L. Export Control
Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside using our services.
M. Contact Us
If you have questions about these Terms, please contact us by:
Email: contact@ProContractorsClub.com
Writing:
Pro Contractors Club Inc.
7755 Center Ave. 11th Floor
Huntington Beach, CA 92647
Last Revision: 07-01-2022
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