Thank you for your interest in the Preferred Contractor Network, a network owned and operated by the Preferred Contractor Network (“PCN,” “we,” or “us”). PCN provides consumers (collectively, “Consumers,” and individually, “Consumer” or “you”) an online venue to solicit quotes from professionals in various lines of work and commerce (collectively “Service Providers”). By registering on the PCN website (the “Website”), you become a Consumer at no cost and will have the ability to request quotes for services. References to Websites shall include, but are not limited to, any and all uses of the PCN network via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
1.2 Amendments. You acknowledge and agree that PCN may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly in PCN’s sole discretion. Your continued use of the Website after any changes are made to this Agreement shall constitute your consent to such changes. PCN does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of the Agreement.
Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the PCN Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website.
3.1 Service Requests. Upon registration with PCN, a Consumer may submit through the Website a request for quotes for service or work (“Service Request”) from Service Providers. Consumers must provide required information (e.g., what they want done, when they want it done, where they want it done) to submit a valid Service Request. All Service Requests posted through the Website must be lawful and not in violation of any city ordinance, state, local or federal law. A submitted Service Request should be descriptive enough to allow a Service Provider to ascertain the necessary details to submit a fully informed offer to provide the requested services (“Quote”). After submission of a Service Request, PCN will inform Service Providers with profiles that match the services requested by Consumer. However, PCN does not and cannot guarantee that there will be Service Providers who are capable of or willing to complete the requested services at the time and place requested or that Consumer will receive Quotes from Service Providers.
3.2 Quotes. A Quote can be submitted by a Service Provider in two forms: (1) a flat fee quote, or (2) an onsite estimate quote. A flat fee quote is used when a Service Request is specific enough to allow a Service Provider to provide an accurate quote, which can include both material and labor costs when and if applicable, without an onsite visit. An onsite estimate quote is used when a Service Provider is only able to provide a proposal or quote for a job upon completion of an onsite visit.
3.2.1 Quoting Period. A Service Request includes a period of time in which Quotes may be submitted (“Quoting Period”) by Service Providers; however, a Consumer may accept a Quote at any time, thereby ending the Quoting Period before the fixed amount of time has passed. A Quote from a Service Provider may be canceled or retracted up until the point when the Consumer accepts the Quote and the Service Request becomes a “Won Job.”
3.2.2 Agreement with Service Provider. When a Consumer accepts a Quote, he or she enters a binding legal agreement between the Consumer and Service Provider to pay the Service Provider for the Service rendered. Accordingly, please consider carefully before your acceptance of a Quote from a Service Provider.
3.2.3 Intellectual Property. By posting a Service Request you represent that the Service Request does not infringe on the intellectual property of any third party, including, but not limited to, the work product of a design professional or unauthorized reproduction of any other consultant, material supplier, or manufacturer. Your description of the Service Request must be truthful and accurate. Any Service Request posted on the Website: (a) shall not be fraudulent; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
PCN requires Service Providers to post a profile (“Skill Profile”) on the Website. PCN does not review or verify the information or representations set forth in those Skill Profiles, as they are self-reported by the Service Providers. Although PCN may take certain steps to examine the credentials of Service Providers, PCN makes no guarantees, promises, warranties or representations of any kind regarding the skills or representations of such Service Providers if you elect to retain their services.
4.1 Background Checks. Mandatory, comprehensive background checks are performed on the Service Providers ‘s principal/owner named during the Service Providers ‘s registration with PCN before joining PCN’s network and periodically thereafter. PCN’s background checks search for relevant criminal background, sex offender background, and social security verification for the principal/owner of the Service Providers business. Background checks on the principal/owner of the Service Providers business reflect that individual’s background at the time of the search. Accordingly, PCN does not and cannot warrant that the background check is up-to-date or current. Further, background checks are not applicable to any Service Providers employees or workers except the principal/owner of the Service Providers business named by the Service Providers during registration.
4.2 Licensing. Service Providers are requested to post licensing information in their Skill Profiles. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Consumers are responsible for determining which licenses, if any, are required for their requested services. Before you proceed with a project, you should confirm all licensing requirements with your state and local authorities and your selected Service Provider. PCN always recommends that you ask the Service Provider to provide you with a copy of their license(s).
4.3 Insurance and Bonding. Service Providers may post information and documents concerning insurance policies and/or bonds covering their operations. PCN verifies the service providers general liability insurance during the PCN Service Provider application process and reviews the service providers insurance on an annual basis. Service Providers are required to warrant that the information they submit is complete, accurate and current. Before you proceed with a project, you should confirm the Service Provider’s existing insurance coverage and limits.
4.4 Relationship between PCN and Service Provider. PCN and Service Provider are separate entities and the employee of one of those entities is not an employee of another entity. PCN is not an agent of Service Provider and vice versa. PCN and its affiliated companies provide only a referral service to Service Providers. In no event will PCN be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Service Provider or any of its affiliates or their respective personnel.
4.5 Consumer Verification. YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE SERVICE PROVIDER, INCLUDING THE INFORMATION IN THE SERVICE PROVIDER’S PROFILE, IS ACCURATE. PCN DOES NOT VERIFY ALL INFORMATION OR DOCUMENTS PROVIDED BY SERVICE PROVIDERS AND EXPRESSLY DISCLAIMS ANY GUARANTEES OR WARRANTIES CONCERNING SUCH INFORMATION. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF SERVICE PROVIDERS, TO INVESTIGATE AND TO DETERMINE, AMONG OTHER THINGS, WHETHER SERVICE PROVIDERS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE INSURANCE OR BONDING AT APPROPRIATE LIMITS. PCN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER FROM STATE, PROVINCIAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH AGENCIES AND THIRD PARTY SOURCES.
4.6 No Warranty or Endorsement of Service Providers’ Services. PCN DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR SERVICE PROVIDER. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. PCN DOES NOT WARRANT THE SERVICE PROVIDER ‘S PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY SERVICE PROVIDER. PCN DOES NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. PCN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY SERVICE PROVIDER OR THE SERVICE PROVIDER’S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT PCN MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
5.1 Service Provider Invoices. Payments for a Won Job will be due upon Consumer’s receipt of an invoice from Service Provider indicating that the Service Provider’s work has been completed. Upon receipt of Service Provider’s written invoice, Consumer must make payment for the work completed by Service Provider through the terms of Consumer’s agreement with Service Provider… Consumer may be required by its agreement with Service Provider to pay a deposit to Service Provider prior to Service Provider’s commencement of the work.
5.2 Service Provider Charges. Consumer should be aware that Service Provider may charge interest or a late fee for late payments made by Consumer to Service Provider. PCN shall not be liable for any claims made by Consumer relating to, or arising out of, charges to a Consumer’s PCN account authorized by Consumer’s agreement with Service Provider.
6.1 Referral Service Conflict Resolution Process. PCN does not, and cannot, guarantee the work, materials supplied, or services rendered by the Service Provider. PCN has no obligation or relationship whatsoever to the Consumer with regard to the provision of work, material or services by the Service Provider. PCN referral service conflict resolution process is a process in which a consumer may provide an unsatisfactory review via the PCNPRO.COM and in the event a rating below a 3.0 star is submitted the service provider will have two weeks to communicate with the consumer to resolve any possible situations and then the consumer will be allowed to change the rating or keep it the same prior to the review going live on PCNPRO.com
6.2 Agreement to Communicate with Service Provider’s. Consumers dissatisfied with a job performed by a Service Provider agree to initiate communication with the Service Provider to resolve any problems. If direct communications and efforts between the Consumer and the Service Provider do not satisfy Consumer’s concerns, Consumer may contact PCN in writing to express dissatisfaction with the Consumer’s referral experience. In response, PCN may contact Consumer and Service Provider to facilitate further communication regarding Consumer’s dissatisfaction. However, PCN is not responsible or liable to either the Consumer or the Service Provider if a mutually acceptable resolution is not reached.
6.3 Eligibility Requirements for PCN Negative Review. In the event that a Consumer and Service Provider are unable or unwilling to agree upon a resolution, the Consumer may, in PCN’s sole and absolute discretion, provide a critical review of the consumer’s experience that will be published live on PCNPRO.com after the two week conflict resolution period.
With exception of the PCN Conflict Resolution Process, PCN will not directly participate in the resolution of any disputes between Consumers and Service Providers (collectively “Users”) and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
7.1 Relationship Between Service Providers and Consumers. CONSUMER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH SERVICE PROVIDERS. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH 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 SERVICE PROVIDERS, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDERS DIRECTLY. PCN IS NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND SERVICE PROVIDERS.
IN EXCHANGE FOR THE REFERRAL SERVICE PROVIDED BY PCN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, YOU EXPRESSLY AGREE TO RELEASE PCN, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ONE OR MORE SERVICE PROVIDERS.
PCN MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS WEBSITE FOR ANY PURPOSE. PCN DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. PCN CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PCN SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. PCN SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PCN MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL PCN, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, PRO OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PCN IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS. PCN EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, PCN USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11.1 Proprietary Rights. This Website and the material within it, with exception of User Content as defined below, are owned by PCN. Viewing this Website creates a copy of PCN materials in your computer’s random access memory and/or your hard drive and/or in your proxy server. The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the “Intellectual Property”) of PCN. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
11.2 Copyright Policy. Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. PCN can remove any User Content you post on the Website if it violates this statement. If you believe that your work has been copied and posted on the Website in a way that constitutes infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the interest; a description of the work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf. Copyright Agent for notice of claims of infringement can be reached as follows: Preferred Contractor Network Attention: Legal Department, 2628 Walnut Street, Denver CO 80205.
11.3 Content. Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of PCN or the party posting such content. PCN reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
11.4 Reliance on Content, Etc. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by PCN, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. PCN does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will PCN or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
11.5 Documents and Information Available on this Website. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Website is granted, provided that (1) the Copyright Policy above and this paragraph are included with such documents, (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. 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 PCN Website or any other PCN owned, operated, licensed or controlled site (the “PCN Websites”). Elements of PCN 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 PCN Website may be copied or retransmitted unless expressly permitted by PCN.
11.6 Information You Provide to PCN. Upon using or registering for an account on the Website, you will be prompted to disclose certain information about yourself and your service requirements if you request services. Some of this information will be sent to Service Providers, who will need this information to respond to you or to other persons or entities in connection with the Website. By providing this information to PCN, or by submitting a Service Request, you are requesting, and you expressly consent to having details of your Service Request sent to Service Providers. You further consent to PCN’s use and display on the Website of anonymous data records from information collected from your Service Request, including your first name and the nature of the services you requested in your city. Such information helps other Consumers and Service Providers evaluate and utilize PCN’s services.
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 PCN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PCN has the right to refuse any current or future use of the PCN services (or any portion thereof) by you.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
In the event that you provide PCN with any feedback regarding the PCN service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website (“Feedback”), you hereby assign to PCN all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
11.7 Content Posted by You on the Website. You understand and agree that PCN may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to PCN, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully subllicensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by PCN will not infringe or violate the rights of any third party. You grant PCN and sublicensees the right to use the name that you submit in connection with such content, if they choose. PCN takes no responsibility and assumes no liability for any content posted by you, any User or third party.
You are solely responsible for the User Content that you post on the Website or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the PCN or to any User. If information provided to PCN, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify PCN of such change.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. PCN reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, User Content that:
is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that you know is false or misleading (including with respect to the identity of the party who will perform a Won Job);
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
violates state and/or local consumer protection laws.
Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with any and all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. PCN reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
You acknowledge that a violation of the foregoing User Content provisions could result in significant damages, and you agree that you are liable to PCN for any such damages. We reserve the right to revoke your access to the Website and services at any time. With exception of information that is generally accessible to the public, all information about Service Providers is confidential and for your personal use only. If it is determined or suspected by PCN in its sole discretion that you are misusing or attempting to misuse or circumvent the PCN services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, PCN reserves the right, in its sole 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.
11.8 Modifications to Website. PCN reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that PCN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
11.9 Blocking of IP Addresses. In order to protect the integrity of the Website, PCN reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
11.11 Disclaimers. PCN is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. PCN is not responsible for the conduct, whether online or offline, of any Consumer, Service Provider or other third-party users of the Website. PCN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. PCN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will PCN or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the PCN Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The PCN Websites are provided “AS-IS” and PCN expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PCN cannot guarantee and does not promise any specific results from use of the PCN Websites.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. PCN makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist
11.12 Links. The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website. Because PCN has no control over such sites and resources, you acknowledge and agree that PCN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PCN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
This Agreement will remain in full force and effect while you use the Website and/or are a Consumer of PCN. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to Preferred Contractor Network, 1630 Stout Street Denver, CO 80202 or email notice of termination to firstname.lastname@example.org. If you terminate your account, your account will be disabled within 14 days. PCN may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to PCN. All decisions regarding the termination of accounts shall be made in the sole discretion of PCN. PCN is not required to provide you notice prior to terminating your account. PCN is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.
PCN may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that PCN may monitor and/or record any telephone calls between you and PCN.
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts in the City and County of Denver Colorado for the resolution of any such dispute.
At the sole option of PCN, any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Website shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator/AAA. PCN may elect, in its sole discretion, not to use arbitration for any individual Claim that you properly file and pursue in court. IF ARBITRATION IS CHOSEN BY PCN WITH RESPECT TO A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Consumer agrees to indemnify, defend and hold harmless PCN, its parents, subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of any act or omission of Consumer, except to the extent such loss is caused by PCN’s sole and gross negligence.
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than PCN and the Consumer, any benefit, right or remedy.
The following provisions shall survive termination of the Agreement: No Warranty or Endorsement, Interactions and Disputes with Service Providers, Release, No Warranties, Limitations of Liability, all provisions in the Content on Website section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, Indemnification, No Third Party Beneficiaries, and Survival.
These terms were last modified on 2/1/2014
If there are any questions regarding these terms of service you may contact us using the information below.
1630 Stout St
Denver, CO 80202