Preferred Contractor reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Preferred Contractor provides you with access to and use of the Site subject to your compliance with the Terms.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Preferred Contractor’s property or that of our suppliers or licencors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Preferred Contractor. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. You must be at least the age of majority in the state where you live to use the Site. Use of the Site by anyone under 18 years of age is strictly prohibited!
1. Prohibited Uses. The Site may be used only for lawful purposes, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Preferred Contractor specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: (i) posting any information which is incomplete, false, inaccurate or not your own or misrepresents your identity or qualifications, misrepresent a project or other information in a quote request; (ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; (vi) attempting to interfere in any way with the Site’s or Preferred Contractor’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; (vii) use the Site in any manner that circumvents your obligation to pay Preferred Contractor; (viii) recruit, solicit, or contact in any form users on the Site for employment or any other use not specifically intended by the Site; (ix) advertise or solicit services not related to or appropriate for the Site; (x) fail to perform services purchased from you as promised, unless the other user fails to materially meet the terms of the mutually agreed-upon agreement for the services or refuses to pay, or a clear typographical error is made; (xi) engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Preferred Contractor; or (xii) sign up for, negotiate a price for, use, or otherwise solicit a service with no intention of following through with your use of or payment for such service.
2. Security Rules. Violations of system or network security may result in civil or criminal liability. Preferred Contractors investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Preferred Contractor server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
3. Proprietary Rights. As between you and Preferred Contractor, Preferred Contractor is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Preferred Contractor logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Preferred Contractor and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Preferred Contractor prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Preferred Contractor. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Preferred Contractor. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
4. Our Services. Preferred Contractor connects customers (“Consumers”) and third-party service providers or contractors (“Installers”). Preferred Contractor is not responsible for the sale of any products to Consumers. Preferred Contractor is not responsible for ensuring Consumers buy the appropriate products for their home, business, or other application (“Application”). Preferred Contractor does not deliver, and is not responsible for, any products, services or advice provided by Installers. Installers listed on the Site are customers of Preferred Contractor and not employees, contractors or agents of Preferred Contractor, and Preferred Contractor is not an agent of any Installer. Installers set or confirm their own prices, provide their own tools and equipment to complete the installation, and determine their own work schedule. Preferred Contractor does not control, and has no right to control, the services an Installer provides (including how the Installer provides such services) if the Installer is engaged by a user, except as specifically noted herein. Preferred Contractor does not sponsor, endorse, rate, review, oversee, monitor, supervise, recommend or approve any Installer who offers products or services through the Site. While we try to confirm that Installers meet certain requirements, we cannot and do not represent or warrant that any Installer is licensed, qualified, bonded, insured or capable of performing any service. You should confirm with any Installer, that such Installer carries all applicable licenses, permits and insurance required to perform the requested services, including, without limitation, national, state and local license requirements. We do not make any guarantees, warranties or representations of any kind regarding any Installer, any advice or other information that an Installer provides or the products or services that an Installer provides, and we are not responsible for any action or inaction of any Installer. 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 that the services of any Installer meet the needs of any user. Installers understand and agree that by creating and maintaining an account on the Site, they receive only the ability to use the Site to access persons interested in receiving services, including but not limited to the ability to message other users or schedule appointments, that facilitate the provision of services. Installers understand and agree that using the Site does not guarantee that any users will engage them for services. Any quote or estimate provided in connection with the services here under is only a guide, is not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When you work with an Installer, your rights will be governed by your contract with such Installer and by applicable federal, state and local laws.
5. Content. Preferred Contractor may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, service requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials (“Content”). By making available any Content on or through the Site, you hereby grant to Preferred Contractor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by means of or to promote, market or advertise the Site, or for any other purpose in our sole discretion, except that private messaging through the Site will not be used by Preferred Contractor in public advertising. In the interest of clarity, the license granted to Preferred Contractor shall survive termination of the Site or your account thereon. Preferred Contractor does not claim ownership rights in your Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such Content submitted, posted, uploaded, published, or transmitted on or through the Site by you. You acknowledge and agree that you are solely responsible for all Content that you make available on or through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Preferred Contractor the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Preferred Contractor’s use of your Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Preferred Contractor may proofread, summarize or otherwise edit and/or withdraw your Content, and you understand it remains your sole responsibility to monitor your Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. Preferred Contractor reserves the right, at any time and without prior notice, to remove or disable access to Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
6. Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Preferred Contractor’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement and counter-notices should be delivered via email to email@example.com or by mail addressed to Preferred Contractor, LLC, ATTN: HR, 62 Remington Way Hickory, KY 42051. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat inf-ringers in appropriate circumstances.
8. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please either send an email to firstname.lastname@example.org or write to us at the address above. Residents of California may contact the California Department of Consumer Affairs, Consumer Information Division, by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
9. Disclaimers and Limitations of Liability.
9a. Preferred Contractor publishes information on its Site as a convenience to its visitors. While Preferred Contractor attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products and services described or offered on the Site may not be available in your region. Preferred Contractor does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
9b. You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” PREFERRED CONTRACTOR DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PREFERRED CONTRACTOR DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PREFERRED CONTRACTOR MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.
9c. Preferred Contractor makes no warranties of any kind regarding any sites not controlled by Preferred Contractor to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Preferred Contractor makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by Preferred Contractor . Preferred Contractor does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
9d. IN NO EVENT SHALL PREFERRED CONTRACTOR, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF PREFERRED CONTRACTOR OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnity. You agree to indemnify and hold Preferred Contractor, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Preferred Contractor, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by Preferred Contractor (or such other indemnity) in connection with the foregoing indemnity.
11. Disputes Between or Among Users. Preferred Contractor values our users, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by a user cannot be resolved independently, you agree, at Preferred Contractor’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Preferred Contractor or a neutral third-party mediator or arbitrator selected by Preferred Contractor. Notwithstanding the foregoing, you acknowledge and agree that Preferred Contractor is under no obligation to become involved in or impose resolution in any dispute between or among users or any third-party.
12. Governing Law and Disputes. THE PARTIES AGREE THAT THESE TERMS, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND PREFERRED CONTRACTOR ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS, PREFERRED CONTRACTOR’S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAW.
13. Dispute Resolution and Binding Arbitration. YOU AND PREFERRED CONTRACTOR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND PREFERRED CONTRACTOR, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “Preferred Contractor”) arising from or relating in any way to your purchase of Product, your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships which result from these Terms (including relationships with third parties who are not signatories to these Terms), Preferred Contractor’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrarily and/or enforce-ability of this arbitration provision including any unconscionably challenge or any other challenge that the arbitration provision or the Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR PREFERRED CONTRACTOR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Preferred Contractor will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and Preferred Contractor waive any right to a jury trial. Moreover, each of you and Preferred Contractor both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.