Pro Contractors Club Services Terms and Conditions
These terms and conditions create a contract (herein “Agreement”) between you and Pro Contractors Club LLC (herein “Pro Contractors Club”). Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”
- INTRODUCTION TO OUR SERVICES
This Agreement governs your use of Pro Contractors Club’s services through which you can buy, get, license, rent or subscribe to the services (herein “Services”), and other Pro Contractors Club services (herein “Content”). Our Services are: Pro Contractors Club Memberships, Pro Contractors Club EBooks, Pro Contractors Club Workshops, Pro Contractors Club News, Pro Contractors Near Me Program, Pro Contractors Club Partners & Benefits Program. Our Services are available for your use in your country of residence (herein “Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and possibly Internet access (fees may apply). Our Services’ performance may be affected by these factors.
- USING OUR SERVICES, PAYMENTS, TAXES, AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is herein referred to as a “Transaction.” Each Transaction is an electronic contract between you and Pro Contractors Club, and/or you and the entity providing the Products or Services. However, if you are a customer of Pro Contractors Club and you acquire an Ebook, Workshop class, Pro Contractors Club is the merchant of record; this means that you acquire the Content from Pro Contractors Club, and it is licensed by the Provider (as defined below) or book publisher.
Manage your password settings at any time by following these instructions as listed when you log in. Pro Contractors Club will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If Pro Contractors Club cannot charge your payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and Pro Contractors Club will attempt to charge the payment method as you may update your payment method information. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). In accordance with local law, Pro Contractors Club may update information regarding your payment method if provided such information by your financial institution. For details about how Transactions are billed, please visit https://www.ProContractors Club.com All Transactions are final. Membership prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Pro Contractors Club. From time to time, Pro Contractors Club may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Pro Contractors Club to a corresponding counterclaim. All Memeberships are nonrefundable once purchased or renewed online automatically. Please see the Subscriptions, Partnerships, Cancellation section for more information below.
PRO CONTRACTORS CLUB ID
Using our Services and accessing your Content requires a Pro Contractors Club ID. A Pro Contractors Club ID is the account you use across Pro Contractors Club’s ecosystem. Your Pro Contractors Club ID is valuable, and you are responsible for maintaining its confidentiality and security. Pro Contractors Club is not responsible for any losses arising from the unauthorized use of your Pro Contractors Club ID. Please contact Pro Contractors Club if you suspect that your Pro Contractors Club ID has been compromised. You must be age 18 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create a Pro Contractors Club ID and use our Services.
SERVICES AND CONTENT USAGE RULES
Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Pro Contractors Club may monitor your use of the Services and Content to ensure that you are following these Rules.
– You may use the Services and Content for personal, or commercial purposes (except as set forth in the Digital Store Content section below).
– Pro Contractors Club’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
– You can use Content and Services on one Pro Contractors Club membership as purchased.
– It is your responsibility not to lose, destroy, or damage Content. We encourage you to back up your data regularly.
– You may not tamper with or circumvent any security technology included with the Services.
– You may access our Services only using Pro Contractors Club’s software login, and may not modify or use modified versions of such software.
Video/ Workshop Content:
– Content rentals are viewable on a single device at a time, and must be played within 30 days.
– You may not burn a video/workshop to CD for listening purposes or distribution.
Digital Store Content:
– The term “Digital Store Content” includes Pro Contractors Club memberships, software purchases, badges, and subscriptions made available in the online digital store.
– You can use software on one device that you own or control.
– Individuals acting on behalf of a commercial enterprise, governmental organization or educational institution (an “Enterprise”) may download and sync our software for use by either (i) a single individual on one or more devices owned or controlled by an Enterprise; or (ii) multiple individuals on a single shared device owned or controlled by an Enterprise. For the sake of clarity, each device used serially or collectively by multiple users requires a separate license for each device.
Pro Contractors Club E-Books Content:
– You may not burn Pro Contractors Club EBooks or Workshop Content to disk or digital file.
Pro Contractors Club Memberships:
– An Individual Pro Contractors Club membership solely allows you benefits of the club to whom the membership is issued to,
You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Pro Contractors Club ID (“Associated Devices”). Content may not be available for Redownload if that Content is no longer offered on our Services.
Associated Devices Rules: Only a maximum of 1 computers signed in with your Pro Contractors Club ID at one time. Each computer must also be authorized using the same Real Time Pro Contractors Club ID.
SUBSCRIPTIONS, PARTNERSHIPS, CANCELLATION
These Services may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings or by notifying us by email. Pro Contractors Club will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If Pro Contractors Club cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and Pro Contractors Club will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before Pro Contractors Club starts charging your payment method, cancel the subscription before the free trial or current membership ends. You can also notify the Pro Contractors Club in writing by electronic email 30 days prior to the end of your current membership, inorder to cancel your membership autorenewal at [email protected]
CONTENT AND SERVICE AVAILABILITY
Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you unless and until they become available to you.
If you decide to use Real Time Office software Services on a non-WINDOWS branded device, you will not be able to access any features or Content. If you later choose to access Services from a Windows branded device, you agree that all terms of this Agreement will apply to your use on such device.
- YOUR SUBMISSIONS TO OUR SERVICES
Pro Contractors Club Services may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Report a Concern feature. You hereby grant Pro Contractors Club a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and Pro Contractors Club internal purposes. Pro Contractors Club may monitor and decide to remove or edit any submitted material.
Submissions Guidelines: You may not use the Services to:
– post any materials that you do not have permission, right or license to use;
– post objectionable, offensive, unlawful, deceptive or harmful content;
– post personal, private or confidential information belonging to others;
– request personal information from a minor;
– impersonate or misrepresent your affiliation with another person, or entity;
– post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
– plan or engage in any illegal, fraudulent, or manipulative activity.
- RECOMMENDATION FEATURES
The Services and Products can recommend content to you based on your background, purchases and other activities. You may opt out from receiving such recommendations.
Some recommendation features may require your permission before they are allowed. If you allow these features, you will be asked to give Pro Contractors Club permission to collect and store certain data, including but not limited to data about your profile, company, location, and purchase history. Please carefully read the information presented when you turn on these features.
- ADDITIONAL DIGITAL STORE TERMS
An Annual Membership allows you to purchase and receive Content as it becomes available. If automatic renewal is selected when you obtain an Annual Membership, you will be charged the full price of each subsequent annual membership cycle. You can turn off automatic renewal prior to the beginning of the next cycle in your account by notification.
- ADDITIONAL DIGITAL STORE TERMS
LICENSE OF DIGITAL STORE CONTENT
Membership licenses are provided to you by Pro Contractors Club. If you are a customer of Pro Contractors Club the merchant of record is Pro Contractors Club, which means that you acquire the Membership license from Pro Contractors Club, but the additional services or benefits purchased are licensed or purchased from that Provider. A purchased benefit or membership licensed by Pro Contractors Club is a “Real Time Pro Contractors Club membership” a service licensed by a Provider is a “Third Party.” Pro Contractors Club acts as an agent for Service Providers in providing the Pro Contractors Club and is not a party to the sales contract or user agreement between you and the secondary Provider. Any provider that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless Pro Contractors Club or the Provider provides an overriding custom license agreement (“Custom EULA”). The Provider of any Third Party is solely responsible for its content, warranties, and claims that you may have related to the Third Party. You acknowledge and agree that Pro Contractors Club is a third-party beneficiary of the Standard EULA or Custom EULA applicable to each Third Party and may therefore enforce such agreement.
MAINTENANCE AND SUPPORT
Pro Contractors Club is responsible for providing maintenance and support for Pro Contractors Club Membership network only, or as required under applicable law. Providers are responsible for providing maintenance and support for those Third Party services.
LICENSED APPLICATION END USER LICENSE AGREEMENT
Providers and services made available through the Pro Contractors Club are licensed, not sold, to you. Your license to each Provider is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Pro Contractors Club membership under this Standard EULA or Custom EULA is granted by the Pro Contractors Club, and your license to any Third Party Provider under this Standard EULA or Custom EULA is granted by the Service Provider of that Third Party. Any Provider that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or the Pro Contractors Club as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
- Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Pro Contractors Club-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
- Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
- External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Pro Contractors Club shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Pro Contractors Club agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
- ADDITIONAL PRO CONTRACTORS CLUB E-BOOKS TERMS
- ADDITIONAL PRO CONTRACTORS CLUB TERMS
PRO CONTRACTORS CLUB MEMBERSHIP
The Pro Contractors Club is a subscription service. Your Pro Contractors Club membership will automatically renew until you turn off automatic renewal by notification. See the “Subscriptions” section for more details. When your Pro Contractors Club membership ends, you will lose access to any feature of the Pro Contractors Club that requires a membership, including but not limited to access to the Pro Contractors Club information on your device. The Pro Contractors Club reserves the right to cancel your Pro Contractors Club membership if we are unable to successfully charge your payment method to renew your membership.
Where available, you may be offered a Pro Contractors Club membership through a distributor. If you purchase a Distributors Membership, your distributor will bill you for the cost of your Pro Contractors Club membership. Your billing relationship with the distributor is governed by the distributor’s terms and conditions, not this Agreement, and any billing disputes related to a Distributor Membership must be directed to your distributor, not the Pro Contractors Club. By using the Pro Contractors Club, you agree that the distributor may exchange your account information, telephone number and subscription information with the Pro Contractors Club, and that the Pro Contractors Club may use this information to determine the status of your Distributor Membership.
- MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES
DEFINITION OF PRO CONTRACTORS CLUB
Depending on your Home Country, “Pro Contractors Club” means:
The Pro Contractors Club., located at 7755 Center Ave. 11th Floor, Huntington Beach, California, for users in North, Central, and South America (including Canada for use of Pro Contractors Club), as well as United States territories and possessions; and French and British possessions in North America, South America, and the Caribbean;
The Pro Contractors Club reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
The Pro Contractors Club is not responsible or liable for third party materials or services included within or linked from the Content or the Service Providers.
You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by the Pro Contractors Club and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
The Pro Contractors Club name, the Pro Contractors Club logo, website, Digital Store, Pro Contractors Club EBooks, Pro Contractors Club Workshops, and other Pro Contractors Club trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of the Pro Contractors Club in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
If you believe that any Content available through the Services infringe a copyright claimed by you, please contact the Pro Contractors Club at the following locations:
7755 Center Ave. 11th Floor Huntington Beach, CA 92647 or 714-934-8500
TERMINATION AND SUSPENSION OF SERVICES
If you fail, or the Pro Contractors Club suspects that you have failed, to comply with any of the provisions of this Agreement, the Pro Contractors Club may, without notice to you: (i) terminate this Agreement and/or your Pro Contractors Club ID, and you will remain liable for all amounts due under your Pro Contractors Club ID up to and including the date of termination; and/or (ii) terminate your license to the software platform; and/or (iii) preclude your access to the Services.
It is understood and agreed by and between the parties that members shall at all times during the term of this Agreement, refrain and abstain entirely from any act or do anything which might reasonably be considered: (i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Pro Contractors Club or any members of the Pro Contractors Club.
It is understood and agreed by and between the parties that if at any time during the period of this Agreement commits any act considered (i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Pro Contractors Club or any members of the Pro Contractors club; Pro Contractors Club may cancel and terminate your membership immediately.
The Pro Contractors Club further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Pro Contractors Club will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
THE PRO CONTRACTORS CLUB DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE PRO CONTRACTORS CLUB MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
PRO CONTRACTORS CLUB DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH NON MEMBERS, MEMBERS, A SITE OR BY ANY PARTY OTHER THAN PRO CONTRACTORS CLUB, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY THE PRO CONTRACTORS CLUB) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL THE PRO CONTRACTORS CLUB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, THE PRO CONTRACTORS CLUB’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
THE PRO CONTRACTORS CLUB SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE THE PRO CONTRACTORS CLUB FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE PRO CONTRACTORS CLUB DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE THE PRO CONTRACTORS CLUB FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR SECURING, BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
THE PRO CONTRACTORS CLUB IS NOT RESPONSIBLE IN CONNECTION WITH YOUR USE OF THE SERVICES.
WAIVER AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD THE PRO CONTRACTORS CLUB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY THE PRO CONTRACTORS CLUB AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM PRO CONTRACTORS CLUB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE PRO CONTRACTORS CLUB’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and the Pro Contractors Club, and all Transactions on the Services shall be governed by the laws of the State of California, excluding its conflicts of law provisions.
DISPUTES AND ARBITRATION
Both parties agree to treat each other fairly in all matters. In the event a dispute is unresolved (after sixty days) to the satisfaction of both parties, both parties agree to submit their claim or controversy, of whatever description, to be settled by arbitration in accordance with the rules of the American Arbitration Association then in force within the county of Orange, California, to resolve any dispute or claim arising from this Agreement.
If the parties cannot agree upon an arbitrator within ten (10) days after demand by either of them, either or both parties may request the American Arbitration Association to name a panel of five (5) arbitrators. Pro Contractors Club shall strike the names of two on the list and, Representative shall then strike two names, and the remaining name shall be the arbitrator. The decision of the arbitrator shall be final and binding arbitration upon the parties both as to law and to fact, and shall not be appealable in any court in any jurisdiction. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of another country, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth above, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified whose law governs you.
This Agreement constitutes the entire agreement between you and the Pro Contractors Club and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and the Pro Contractors Club. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Pro Contractors Club’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. The Pro Contractors Club will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Pro Contractors Club employee or agent has the authority to vary this Agreement.
The Pro Contractors Club may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. The Pro Contractors Club may also contact you by email or push notification to send you additional information about the Services.
You hereby grant the Pro Contractors Club the right to take steps the Pro Contractors Club believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that the Pro Contractors Club has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as the Pro Contractors Club believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Pro Contractors Club’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).
Last Updated: July 24, 2020