Pond Contractor Finders LLC (“PCF”, “we”, “our” “us”). is honored you have chosen our platform (and software), which is dedicated in bringing professional contractors/vendors and home owners together to collaborate and design beautiful and artistic ponds and water features and anything "Pond"!
This Agreement depicts the terms that govern your use of PCF’s Platform and Software Services (“Services”). 1. Your Rights to use the Services
a. PCF’s Services are protected by copyright, trade secret, and other intellectual property laws. Your Agreement and subscriptions allows you access to use the Services only for the purposes outlined by PCF. All other rights in the Services is reserved by PCF. As long as you meet the applicable payment obligations and comply with this Agreement and until the termination of this Agreement PCF grants you a personal, nontransferable, nonexclusive, limited (per package terms) right to use the Services.
b. You agree not to use the Services in a manner that violate PCF’s Acceptable Use Policy or this Agreement.
For Services on a payment or subscription basis, the following terms apply. This Agreement also incorporates by reference and includes package ordering and payment terms.
a. Payments will be made in U.S. Dollars and your account will be debited when you subscribe and provide your payment information.
b. Payments must be made by a valid credit or debit card.
c. You are responsible for providing current, accurate and complete payment and registration information. Should you not notify us promptly when such information changes, we may suspend or terminate your account and disable your use of the Services.
d. PCF will automatically renew your subscribed Service at the then-current rates, unless the Services subscription is cancelled or terminated under this agreement.
1. Content and Use
Your responsibility for Content and Use of Services and Restrictions thereof:
a. You agree to abide by PCF’s Acceptable Use Policy in whole
b. You agree to abide by PCF’s Copyright and Trademark in whole
c. You agree that PCF may use your suggestions, idea and feedback in any way we deem fit, including modification and/or additions of Services, and you grant PCF a continuous, royalty-free, fully paid up, global, non-revocable, sublicensable, fully transferable license to use the feedback in any way.
d. Anyone under the age of 13 is prohibited to using PCF’s platform and software. Further, you must be at least the age of majority in the state in which you access our platform and software.
1. Additional Terms
a. Other Services: PCF may tell you about or offer you other services or promotions offered by PCF. Additional terms and conditions and fees may apply. b. Password Management: You are fully responsible for managing your passwords securely for Services and will notify PCF in the event you become aware of any unauthorized use of the Services. c. Updates: Periodically the Services (platform and software may be updated with general updates, improvements, tools, or utilities to improve the Services and use thereof. You agree to receive these updates. 1. Disclaimer of Warranties
a. Usage: Your use of the Services, Software, Platform and its content is entirely at your own risk, except as been described in this Agreement. All Services are provided “As Is”. To the maximum extent permitted by applicable law, PCF, it’s affiliates and any third-party providers disclaim all warranties, expressed or implied. This includes but is not limited to any warranty that the Services are fit for a particular purpose, data loss, non-interference, with or non-infringement of any intellectual property rights, reliability, accuracy, quality of content in or linked to the Services. PCF does not warrant that the Services are free from bugs, interruption, errors, viruses, theft or destruction or secure. Further, PCF disclaims any representation or warranties that your use of the Services will ensure compliance with any laws, regulation or legal obligations.
a. PCF reserves the rights to modify this Agreement, at our sole discretion at any time. The modifications/changes will become effective when posted on our website (platform) for said Services or when we notify you by other means. It is your responsibility as a user to review and keep yourself abreast of any changes to the agreement. Your continued use of the Services indicates your agreement to the modifications.
1. Limitation of Indemnity and Liability
a. The entire liability of PCF, to the maximum extent permitted by applicable law, shall be limited to the amount you paid for the Services during the twelve (12 months) prior to such claim. Subject to applicable law, PCF is not liable for the following:
1. Any indirect, incidental, punitive, consequential exemplary or special damages.
2. Damages relating to failures of, electronic communications, corruption, the internet. Telecommunications, viruses, spyware, loss or theft of data, security, loss of business, revenue, profits or investment or use of software or hardware that does not meet PCF’s system requirements. These limitations apply even if PCF has been advised of the possibility of such damages. This agreement sets forth PCF’s entire liability and your exclusive remedy with respect to Services and it’s use.
a. You agree to indemnify and hold PCF harmless from any and all claims, liability and expenses. This also includes any reasonable attorney’s fees and costs, materializing out of your breach of this Agreement or use of Services.
PCF may, in it’s sole discretion and without notice, suspend, restrict or deny Services or terminate this Agreement, effective immediately in whole or in part, if PCF determines your use of Services violates the Agreement, or substantially differs or exceeds from normal use by other users, misuse, illegal activity or unauthorized access issues, security concern, raises suspicion of fraud, to protect the integrity or availability of the Services or systems and comply with applicable PCF policy, or if you no longer agree to receive electronic communications, or if your use of the Services conflicts with PCF’s interests or those of another user of the Services. 1. Jurisdiction/Governing Law
This Agreement will be governed by the laws of the United States of America, specifically in the State of Florida, without regard to conflicts of law principles. You acknowledge that any breach or infringement, or apprehension of breach or infringement of this Agreement of PCF’s intellectual property rights any cause PCF irreparable damage for with recovery of money damages would be inadequate. Accordingly, you agree that PCF will be entitled to seek relief, whether equitable or otherwise, to prevent or restrain any such breach or infringement, or apprehension of breach or infringement by you or otherwise to protect PCF’s rights under this Agreement. You are responsible for compliance with all applicable laws pertaining to your use and access to the services in your jurisdiction. 1. Subscription and Users
PCF’s Platform and Software Service is granted on a bi-annual or yearly subscription basis, as selected by you or your agent as the user.
1. Permitted Disclosures
You acknowledge and agree that in order for PCF to grant you access and use of PCF’s Services, your access information and account data may be provided to anyone who is identified in the registration data as a current system user for your account, and any other employee or agent who may be designated by you as an authorized user of PCF’s Services (Platform and Software).
Upon cancellation of PCF’s Services (Platform and Software), you acknowledge that access to the Services will be disabled and any or all content related to your Profile may be deleted or remain as the property of PCF’s. There are no refunds upon cancellation.
1. Third Party Services
PCF may provide information regarding services of third parties, through the Service and provide access or links to third party websites. If you access any Third-Party websites or utilize or purchase any Third-Party Services you are solely responsible for your selection, review of separate terms and privacy policies. You further agree that PCF is not responsible and that the Third Party is solely responsible for such Service(s), performance of such Service(s), use or disclosure of your data and/or any content on their website. Further you agree that PCF will not be liable for any damage, claims or liabilities materializing from third Parties, their services and/or websites.
This entire Agreement is the Agreement between you and PCF and it replaces all prior agreements, understandings and communications, oral or written, regarding its subject matter. You may not transfer or assign this Agreement to anyone. However, in the event there is merger or a sale of assets, PCF reserves the right to transfer this agreement without your consent. Should a court of law, having jurisdiction, rule that any part of this Agreement is invalid, only that section will be removed without affecting the remainder of the Agreement. The remainder of the Agreement will be valid and enforceable. Note that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Professional Biography Policy for Contractors and Vendors
By creating a ProBio , you acknowledge and agree to each of the following:
1. Authorized Representative. You are a principal owner, officer, representative or an employee authorized to create a ProBio on behalf of the Contractor of Vendor.
2. License & Insurance. If your profession or business requires licensure and/or insurance, you agree to carry all licenses and required insurance mandated by your State and/or local laws. In addition, you agree that any licensing and/or insurance is accurate and up-to-date at all times.
3. Accurate Information.
a. You will be responsible for providing and updating complete and accurate information regarding your business;
b. If your business is in more than one State, you will only create one ProBio for each State. Adding Your Bio in different states requires separate packages to be purchased. Add-ons are unique to each state’s bio.
c. You only choose the business category, and sub-categories, that accurately describe your products and services; ProBio’s created for business categories not supported by PCF will be removed without notice.
d. You only choose the business category, and sub-categories, that accurately describe your products and services; ProBio’s created for business categories not supported by PCF will be removed without notice.
1. Ranking not Guaranteed. The ranking of your ProBio is not guaranteed and is dependent upon services provided and radius distance in PCF search results. PCF does not guarantee specific placements on PCF except as part of paid marketing packages.
2. Professional Work & Projects. You agree that your ProBio will only reflect Projects and or pictures of your own work and you will not claim credit for the work of others.
3. Affiliations. Display of your affiliations with certain trade associations, relevant to your business, may be approved on PCF’s Platform. You agree that your ProBio will only reflect organizations you are currently affiliated with and will promptly remove any affiliations if no longer current. You agree that in certain circumstances PCF may display your affiliation with certain trade association partners on your ProBio on your behalf, e.g. upon verification of membership by the trade association. You further agree that if PCF finds that the affiliation is not valid or current, PCF may remove the affiliation display at its discretion without any notification.
5. User Data. All User Data (i.e. Homeowners) personal data received and collected by the Contractor/Vendor through our Platform, can only be used for the intended purposes for which it was provided. You understand and agree to respond to the User (homeowner) in a timely manner or as otherwise authorized and directed by the User. Further you agree to protect the confidentiality of all User Data and utilize all appropriate security and safety measures to do so. User Data is only to be shared (i.e. with subcontractors) to the extent authorized by the person that the User Data pertains to. You further agree that you are responsible for ensuring the subcontractors' compliance with this provision. Without limiting the foregoing, you shall not sell User Data.
6. Reviews. You agree that after you initiate a request for review, a customer’s review of your business on your ProBio cannot be removed if it is not in violation of our Review Policy. Unless required by law, the review will stand regardless if you are a paying customer or not.
7. Complaints. You understand and agree that in case of homeowner contacting PCF, making a formal complaint about a service performed, you must reach out to the customer and attempt to resolve the issue at hand. If you cannot satisfy the home owner, PCF has the right to publish the homeowner’s complaint, in which you will be given an opportunity to respond to on the platform. In the event that multiple unresolved complaints are submitted by multiple homeowners, PCF reserves the right to suspend or terminate your account.