Effective Date: This TOU is updated as of May 1, 2015.
This Website and Pride Public Adjusters, Inc.’s (“Pride”) products and services are offered to You (“You,” “Your,” or “Yourself”), conditioned on Your acceptance of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions” or “TOU”). The following TOU describe the terms and conditions applicable to Your registration, access and/or use of the prideadjusters.com website (the “Website”), or any other website that Pride may make available from time to time (individually or collectively referred to as the “Website”). By using the Website, You are accepting and agreeing to these TOU. If You do not agree to these TOU, do not use our Website. We reserve the right to change the TOU at any time without notice; modifications will be included in the TOU. It is Your responsibility to check the TOU from time to time for modifications. Any further or continued use of the Website after any modifications of the TOU will constitute Your express acceptance of any such modifications.
Introduction to Pride Public Adjusters, Inc.. Pride Public Adjusters, Inc. is a for-profit California Corporation that: (i) consists of licensed public adjusters to help the insured with first-party real property insurance claims; (ii) presents estimates, inventories, and other valuations to insurance adjusters and will meet with them to adjust an insured’s claim fairly and equitably; (iii) negotiate settlements of property insurance related claims; and (v) provide insureds with other related information and services. Pride is not a, nor is Pride directly or indirectly affiliated with any, local, state, or federal government program.
- Ownership. The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website (“Pride Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Pride and/or various third party owners. You agree to abide by all applicable intellectual property laws and any additional restrictions set forth on the Website in relation to the Pride Content. The software, technology components and contents of the Website are copyrighted and/or subject to various intellectual property laws. All rights not expressly granted hereunder are reserved. You agree that as between the parties, Pride is the exclusive owner of the Website, software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Website (excluding User Content), HTML scripts, the uniform resource locators (URL’s) for the Website, the organization and layout of the Website, all Pride trademarks (including without limitation “Pride Public Adjusters TM“), trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively also referred to as the “Pride Content”). Any goodwill attached to, or generated by, such Pride Content is owned exclusively by Pride, or its licensors, and shall inure solely to the benefit of Pride, or its licensors. Nothing contained herein or on the Website should be understood as granting You any right or license to any of the Pride Content, except as expressly granted herein. All rights not expressly granted herein are reserved by Pride, or its licensors. Pride or its licensors retain full and complete title to the Pride Content. You shall not: (i) use or copy the Pride Content in any manner not specifically set forth herein; (ii) include Pride Content in Your corporate name, within a domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to the Pride Content; (iv) have any claim of ownership in the Pride Content; or (v) sell, redistribute, transfer, sublicense or reproduce the Pride Content, nor may You decompile, reverse-engineer, disassemble, or otherwise convert any of the Pride Content to a human-perceivable form. These Terms do not limit any rights that Pride may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to You through the Website or its advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- Limited License; Permitted Uses: You are granted a non-exclusive, non-transferable, limited, and revocable license without the right to grant sub-licenses (a) to access and use the Website strictly in accordance with this Agreement; (b) unless expressly stated otherwise, to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete portions of the Pride Content from the Website solely for internal, personal, non-commercial purposes and provided that You maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by You in any litigation or arbitration matter whatsoever under any circumstances.
- Use of Website: By using the Website, You represent that You are at least 18 years old and are a resident of the United States. If You are under 18 or not a U.S. resident, do not use the Website. Pride does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of 13 through the Website. You may not store, modify, reproduce, transmit or distribute content from the Website without the express prior written consent of Pride. Pride may change or restrict Your use of the Website and/or make changes to the products and services described on the Website at any time without notice. You also agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Pride, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services through hacking, password mining, or any other means. Certain third party owners may impose additional terms and conditions set forth elsewhere herein. Your use of the Pride Content from those third party owners is also subject to those terms and conditions. Any and all caching, hypertext linking to the Website or framing of any Pride Content is prohibited without Pride’s prior written consent. Pride expressly reserves the right to disable any unauthorized links or frames.
- Pride’s Services. We at Pride are committed to making Your total experience on the Website a positive one. Upon entering Your information and the request for services, we will provide Your information to either our employees, one of our affiliates, a strategic partner, and/or an independent service provider in Your area, if any, who may be interested in fulfilling Your service need(s). However, we do not guarantee that we will be able to match Your service needs with a service provider or that there are service providers in Your area that are either capable or willing to complete Your service needs. Although we may take certain steps to examine the credentials of our affiliates, strategic partners, and/or independent service providers, we make no guarantees or representations regarding the skills or representations of any such service providers or the quality of the job that he, she, or it may perform for You if You elect to retain their services. Pride may inform You of certain offers or discounts provided by an independent service provider. Such offers or discounts are made solely by the specific service provider, and Pride does not guarantee or warrant the pricing or discounts that any independent service provider may offer You. Any quotes provided via the Pride Website are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the Website. No contractual arrangement is created based upon the quotes provided to You from independent service providers (or Your scheduling of an appointment with an independent service provider) via the Website. To contract with a local affiliate, independent public adjuster, or a contractor, You must work directly with such service provider. Unless expressly stated otherwise, Pride does not endorse or recommend the services of any particular independent service advisor. It is entirely up to You to enter into a direct contract or otherwise reach an agreement with an independent service provider and we do not guarantee or warrant any of their performance on the job or the outcome or quality of the services performed. Any such providers, if not a direct employee or agent of Pride, are not employees or agents of Pride, nor is Pride an agent of any such service providers. Pride may not perform, and if this is the case, is not responsible for, any of the services requested by You in Your service request. Your rights under contracts You enter into with independent service providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should You have a dispute with any independent service provider, You must address such dispute with the applicable independent service provider directly, AND YOU HEREBY AGREE TO RELEASE PRIDE (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY A MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING PUNITIVE, SPECIAL, TREBLE, CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, LIQUID OR ILLIQUID, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CERTIFIED CONTRACTORS.
- Information You Provide to Us. Upon using Pride’s services, You will be prompted to disclose certain information about Yourself and Your service requirements, and You may be able to store information, such as property services records, on our Website. Some of this information will be sent to licensed public adjusters and/or contractors who will need this information to respond to You or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, You are requesting, and You expressly consent to being contacted by us and by our public adjusters and/or contractors and providers via phone, fax, email, mail or other reasonable means, at any of Your contact numbers or addresses, even if You are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service Your account, to reasonably address matters pertaining to Your account or for other purposes reasonably related to Your service request and our business, including marketing related emails. For complete details on our use of Your information, please see our privacy statement. You agree that by completing a service request, You are entering into a business relationship with Pride and its partners and thus agree to be contacted by Pride, its affiliates, agents, and/or its partners. You promise that all information You provide will be accurate, current and truthful to the best of Your knowledge. If You provide any information that is untrue, not current, or incomplete, or Pride has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pride has the right to refuse any current or future use of the Pride services or Website (or any portion thereof) by You. You are responsible for any use of the Pride services by persons to whom You intentionally or negligently allow access to Your password.
- Information Contained on Website: The information contained on the Website is not intended as professional, tax, or legal advice. Pride makes no warranties or representations related to the information contained on the Website and disclaims all liability for errors or omissions in the information presented. Pride does not recommend or endorse any specific company and does not provide advice on how to select or which products or services to buy. YOU ARE ADVISED TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC REPORT, OPINION, LAW, INFORMATION, OR OTHER MATERIAL CONTAINED WITHIN THE WEBSITE.
- Product Description and Pricing: Pride strives for the Website to be as accurate as possible. However, Pride does not represent or warrant that product or service descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. For example, products or services included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to refuse service to any customer. It is Your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased or service requested from the Website. By placing an order or requesting a service, You represent that the products and/or services ordered or requested will be used only in a lawful manner.
- Content of Reports. Pride may accumulate and compile data from various sources. Although extra steps have been taken to ensure the accuracy of such data, we cannot guarantee the absolute accuracy of the information being provided, nor can we be held responsible for inaccurate data that we receive including errors in the reporting sources, the sources’ equipment, or the accuracy of their information. Pride specifically disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to any such data or information.
- Call Recording. You acknowledge and agree that Pride may monitor and/or record any telephone calls between You and Pride.
- Consent to Email Communications: You consent to receive communications from us electronically and agree that we may communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
- Your Use of Pride’s Services. You acknowledge and agree that Your use of Pride’s services is for Your personal use and not for advertising purposes. You may not use Pride’s Website or services to recreate or compete with Pride’s services, to solicit or harass Pride’s contractors, agents, affiliates, adjusters, or for any other purpose not contemplated herein. You agree that all of the content and information posted on Pride’s Website, including but not limited to contractor profiles, articles, checklists, blog posts, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by You), is the sole and exclusive property of Pride, and that You have no right to reproduce, post, publish, or otherwise use such information other than for Your personal use relating to Your service request. You acknowledge that a violation of the foregoing could result in significant damages, and You agree that You are liable to Pride for any such damages, and will indemnify Pride in the event of any third party claims against Pride based on or arising from Your violation of the foregoing. We reserve the right to revoke Your access to the Website and services at any time. All information provided to You is confidential and for Your personal use only. If it is determined or suspected by Pride, in its sole discretion, that You are misusing or attempting to misuse or circumvent Pride’s services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Pride expressly reserves the right, in its sole and absolute discretion, to immediately terminate Your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO PRIDE AND ITS PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO PRIDE AND EACH PRIDE SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF PRIDE AND EACH OF THE AFFECTED PARTIES AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS’ FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- Notice Specific to Documents and Information Available on this Website. Pride provides free information in the form of articles, blog posts, videos, checklists and other media formats to help website users prepare for storms and repair damage to property caused by storms. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Pride server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Website is for Your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. This does NOT grant anyone any publishing rights or the right to include any of Pride’s materials in any literary works. Distribution outside the classroom requires express written permission of Pride. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Pride Website or any other Pride owned, operated, licensed or controlled site. Elements of Pride’s Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Pride Website may be copied or retransmitted unless expressly permitted by Pride.
- Disclaimer of Warranties. PRIDE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS www.prideadjusters.com WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PRIDE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, TITLE, AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE PRIDE WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRIDE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), SERVICE(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. PRIDE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, WEBSITE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE CONTENT YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Pride and their respective affiliates, subsidiaries, and their respective officers, directors, managers, members, shareholders, unitholders, employees, agents, attorneys, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to user’s or any other person’s computer relating to or resulting from any use of Services; inability to access websites; theft, tampering, destruction, or unauthorized access to, or alteration of any submission; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any user submissions which are late, lost, incomplete, misdirected, stolen, mutilated, or illegible, or any combination thereof.
- Limitation of Liability. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL PRIDE OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, PRIDE’S CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY PRIDE CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE WEBSITE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Trademarks: The Website contains protected marks. Unauthorized use of trademarks, service marks or logos owned by Pride or any of its brand partners or affiliates is strictly prohibited and may also be a violation of federal and state trademark laws.
- Copyright: The Website is protected by U.S. copyright laws. Except as expressly provided under “Use of Website” section above, You may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or Pride’s Content without the prior written consent of Pride.
We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that You claim has been infringed;
c. A description of where the material that You claim is infringing is located on the Website;
d. Your address, telephone number, and email address;
e. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to the Copyright Agent at ([email protected]).
- Advertising and Promotions. Pride and/or Pride’s affiliates or its business partners may present advertisements and promotional materials on or through the products and/or services. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the products or services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party. You agree that neither Pride nor Pride’s affiliates or its business partners are responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with Your use of or reliance on any content of any such site or goods or services available through any such site or from any such advertiser. You should direct any concerns regarding these third-party sites to those sites’ administrators.
- Links to Third-Party Websites. The links in the Pride Website will let You leave Pride’s Website. The linked sites are not under the control of Pride and Pride is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Pride is not responsible for webcasting or any other form of transmission received from any linked site. Pride is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Pride of the site.
- Security: Pride does not make warranties or representations regarding the security of Pride Content, the Website, or User Content, as is defined herein. Data sent over the Internet may be intercepted by third parties; if You are concerned about the security of Your data, You should not send it over the Internet.
- User ID and Password: You may be required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of Your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by You. Pride prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify Pride of any unauthorized use of Your user ID or password or any other breach of security.
- Licensing – Certain states may require state-level licensing for projects above specified dollar amounts. We recommend You confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend You confirm these licensing requirements before proceeding with Your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend You verify that all the sub-contractors doing work on Your project carry the appropriate licensing. Pride always recommends that You ask the business to provide You with a copy of their license. Pride generally does not check state-level trade licensing.
Contractors Profiles: Pride may allow contractors to post profiles about themselves and their business on the Pride Website. Pride does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the contractor. Pride therefore makes no representations or warranties regarding any information posted by a contractor, and assumes no liability for such information. The above procedures may change from time to time at the sole discretion of Pride. As circumstances can change daily, Pride advises consumers to check these matters for themselves especially at future dates.
- Posting Ratings & Reviews on the Website
Pride reserves the right, but not the obligation, to refuse to post or to remove any Review if Pride determines (in its sole discretion) that it contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
- Language that violates the standards of good taste or the standards of this Website.
- Comments concerning a different contractor.
- Information not related to work requested in the service request.
- Statements that are or appear to be false.
- Comments that disparage Pride, its agents, affiliates, strategic partners, employees, and/or the like.
Further, the reviewer must provide permission to Pride to contact the contractor about his or her work request. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. Ratings & Reviews are not endorsed by Pride. All Ratings and Reviews of a contractor displayed to You reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Pride. Pride disclaims any and all representations or warranties with regard to the Ratings and Reviews. Reviews do not reflect the views of Pride; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. Pride does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Website or the materials contained therein.
- Indemnification. YOU AGREE TO INDEMNIFY PRIDE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF PRIDE’S SERVICES OR IN CONNECTION WITH PRIDE’S WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- Exclusion of Consequential Damages; Further Limitation of Liability: IN NO EVENT SHALL PRIDE OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE SERVICES, PRIDE’S CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE “DISCLAIMER OF WARRANTIES” AND “DISCLAIMER OF LIABILITY” SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF PRIDE UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
- General Provisions. You acknowledge and agree that Pride’s services and/or products are provided to You on an “AS IS” basis without any warranty whatsoever, and Your sole and exclusive remedy, and Pride’s sole obligation to You or any third party for any claim arising out of Your use of Pride’s services or the Pride Website, is that You are free to discontinue Your use of Pride’s services or the Pride Website at any time.
The Terms and Conditions will inure to the benefit of Pride’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Pride to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
Governing Law: The TOU shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. By accessing the Website You understand and agree that all transactions take place in Los Angeles County, California and agree that the Los Angeles County Superior Courts of the State of California have exclusive jurisdiction over any disputes with Pride arising from or related to Your use of the Website or any of the services or Pride Content or User Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of that court, and You irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
Statute of Limitations: Except for claims arising from Your misuse of the Website or Pride Content, You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Linking to the Website: You may not link to the Website prior to obtaining written permission from Pride, which may be withheld in Pride’s sole and absolute discretion.
Information and Press Releases: The Website may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
Interstate Nature Of Communications On Website: When you register with the Website, you acknowledge that in using Services to send electronic communications, you will be causing communications to be sent through Pride’s computer networks. As a result, and also as a result of Pride’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOU, you acknowledge that use of the Service results in interstate data transmissions.
Special Admonitions For International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Resale Of Service: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Website ID), use of the Service, or access to the Service.
General Practices Regarding Use And Storage: You agree that Pride has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that Pride reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Pride reserves the right to modify these general practices and limits from time to time.
Termination: You agree that Pride may, in its discretion, and without prior notice, immediately terminate your Website account, any associated email address, and access to the Service.
No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
Waiver: The failure of Pride to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Headings: The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.
Injunctive Relief: You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Pride that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Pride shall be entitled, without waiving any additional rights or remedies otherwise available to Pride at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you. Notwithstanding anything to the contrary, Pride shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction.
Attorneys’ Fees: In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under these Terms (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these Terms, in addition to any other relief to which the prevailing party may be entitled, the prevailing party will be entitled to recover its reasonable attorney fees, costs and expenses to resolve the dispute and to enforce the final judgment or award.
U.S. Export Laws: This Website and/or products offered on the Website may be subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Website and/or products offered on the Website in violation of any U.S. Export Laws. None of the Website or products offered on the Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using the Website, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access the Website from other countries or jurisdictions, you do so on your own initiative and you are solely responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the Website. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Website.
“Restricted Rights.” All materials supplied by or through the products or services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions, as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgement of out suppliers’ proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
Legal Equivalency: These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Contacting Pride: If you have Website questions, comments, or concerns, please email ([email protected]). Please include detail of your questions, comments or concerns and your complete name and contact information. You may also call the customer service at (800) 515-5450.
These Terms and Conditions constitute the entire agreement between You and Pride and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.
These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.