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PunchListIt, Inc. ("PunchListIt" "we" "our" or "us") values your privacy. In this Privacy Policy ("Policy"), we describe the information we collect, how we use it, and when and with whom we share it. This Policy applies to all sites, mobile applications, and other online services (collectively, "Platform") made available by PunchListIt. This Policy applies only to information collected on or through the Platform. It does not apply to information collected or obtained by or through any other means (including, without limitation, information collected offline, in person, over the telephone and/or by mail, or from third parties outside the Platform). By accessing or using the Platform, you agree to this Policy. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT ACCESS OR USE THE PLATFORM.
PunchListIt, Inc. ("PunchListIt" "we" "our" or "us") values your privacy. In this Privacy Policy ("Policy"), we describe the information we collect, how we use it, and when and with whom we share it. This Policy applies to all sites, mobile applications, and other online services (collectively, "Platform") made available by PunchListIt. This Policy applies only to information collected on or through the Platform. It does not apply to information collected or obtained by or through any other means (including, without limitation, information collected offline, in person, over the telephone and/or by mail, or from third parties outside the Platform). By accessing or using the Platform, you agree to this Policy. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT ACCESS OR USE THE PLATFORM. INFORMATION WE COLLECT How we collect and store information depends on how you access and use the Platform. We collect information in multiple ways including when you provide information directly to us, when you permit third parties to provide information to us, and when we passively collect information from you, such as information collected from your browser or device. Information You Provide Directly to Us We may collect information from you during your use or access of the Platform, such as: When you register for an Account; When you participate in polls or surveys; When you enroll for electronic newsletters; When you request a quote or other information; When you submit a quote; When you make a purchase; When you fill out any forms; When you enter a sweepstakes or contest, or register for a promotion; When you transmit User Content; When you download or use one of our mobile applications; or When you otherwise communicate with us or other users through the Platform. This list is illustrative, not exhaustive; the Privacy Policy applies to all use of the Platform. The information you provide directly to us may concern you or others and may include, but is not limited to: (a) name; (b) zip code; (c) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers); (g) date of birth; (h) insurance information; (i) photographs; (j) information about your project,request or need; (k) video or audio files; and/or (l) in certain circumstances, payment and/or identity verification information. It may also include information specific to services you are requesting or offering through the Platform, such as a business name, service description, qualifications and credentials. You are not required to provide us with such information, but certain features of the Platform may not be accessible or available, absent you submission of the requested information. Information from Affiliates, Social Networking Sites, and other Non-affiliated Third Parties We may collect information about you or others through PunchListIt affiliates or through non- affiliated third parties. For example, you may be able to access the Platform through a social networking account, such as Facebook. If you access the Platform through your Facebook account, you may allow us to have access to certain information in your Facebook profile. This may include your name, profile picture, gender, networks, user IDs, list of friends, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or "likes." Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information including any information you make public, please consult the sites' privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you. We may also collect information about you or others through non-affiliated third parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau, or information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may combine information that we collect from you through the Platform with information that we obtain from such third parties and information derived from any other products or services we provide. Information That is Passively or Automatically Collected Device/Usage Information. We and our third-party service providers, which include ad networks and analytics companies including Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Platform. As described further below, we may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. We may also track how frequently you access or use the Platform. We use this information (including the information collected by our third-party service providers) for Platform analytics (including to determine which portions of the Platform are used most frequently and what our users like/do not like), to assist in determining relevant advertising (both on and off the Platform), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy.Location Information. When you use the Platform, we may collect general location information (such as IP address). If you install our mobile app, we may ask you to grant us access to your mobile device's geolocation data. If you grant such permission, we may collect information about your precise geolocation, and we may use that information to improve the Platform, including providing you with location-based features (e.g. for identification of Contractor Services available near you). To deliver customized content and advertising, we may share your location information with our agents, vendors, or advertisers. If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Platform. Cookies and Other Electronic Technologies. We and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the Platform. These technologies, for example, may allow us to tailor the Platform to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about Platform usage. We also use certain of these technologies to deliver advertisements through the Platform that may interest you. We or our third-party service providers also may use certain of these technologies in emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. We may also use local shared objects (also known as "Flash cookies") to assist in delivering special content, such as video clips or animation. Flash cookies are stored on your device, but they are not managed through your web browser. To learn more about how to manage Flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Platform, because it may not function properly. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser may not affect flash cookies. As we adopt additional technologies, we may also gather additional information through other methods.
We may use your information for any of the following reasons: For the purposes for which you provided it; To enable you to use the services available through the Platform, including registering you for our services and verifying your identity and authority to use our services; For customer support and to respond to your inquiries; For internal record-keeping purposes; To administer surveys, sweepstakes, promotions, or contests; To process billing and payment including sharing with third-party payment gateways and payment service providers in connection with the Platform; To improve and maintain the Platform and for product development; To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing; To periodically send promotional emails regarding new products or services from PunchListIt, special offers from PunchListIt, or other information that may interest you; With your consent, to contact you by text message regarding certain services or information you have requested; With your consent, to contact you by telephone or text message regarding Platform features, improvements, or other products and services that may interest you; For PunchListIt's market research purposes, including, but not limited to, the customization of the Platform according to your interests; To contact you about goods and services that may interest you or with information about your use of the Platform; For other research and analytical purposes; and To resolve disputes, to protect ourselves and other users of the Platform, and to enforce any legal terms that govern your use of the Platform. We may combine information that we collect from you through the Platform with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we provide. We may aggregate and/or de-identify information collected through the Platform. We may use de- identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.
Unless otherwise described in this Policy, we may also share the information that we collect from you through the Platform as follows: Affiliates. We may share your information with any PunchListIt affiliates. Consent. We may disclose your information to nonaffiliated third parties based on your consent to do so. Such consent includes the disclosure of your information (a) in order to provide services or products that you have requested (please see below for more details); (b) when we have your permission; or (c) as described in this Policy, the Terms of Use, or any other legal terms governing your use of the Platform. Service Providers. We may provide access to your information to select third parties who perform services on our behalf. These third parties provide a variety of services to us including without limitation billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, identity verification, fraud and safety protection and legal services. As we retain new service providers, we generally seek contractual assurances from these service providers that they will not use your information in any manner other than to help us provide you with the services and products available from PunchListIt. Legal Requirements. We may disclose your information when required by law or when we believe in good faith that such disclosure is necessary to: (a) comply with subpoenas, court orders, or other legal process we receive; (b) establish or exercise our legal rights including enforcing and administering agreements with users; or (c) defend PunchListIt against legal claims. If we are required by law to disclose your information, we will use commercially reasonable efforts to notify you unless we believe in our sole discretion that (a) providing notice is prohibited by the legal process itself, court order or applicable law; or (b) we, in our sole discretion, believe that providing notice could create a risk of injury or death, or that harm or fraud could be directed to PunchListIt or users. We will attempt to provide the notice by email if you have given us an email address. If you do not challenge the disclosure request, we may be legally required to turn over your information. Protection of PunchListIt and Others. We may disclose your information when we believe it appropriate to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use or any other legal terms governing use of the Platform, and/or to protect our rights and property and the rights and property of other users. Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions or where there is any change of control of PunchListIt, user information may be among the transferred assets. App Store Providers. We may provide your identity and mobile device identifier to third-party app store providers (for example, the Apple App Store) to allow you to download our mobile apps. Academics and Research. We may provide information about users to third parties for academic and research purposes, in anonymized or aggregated form. Please be advised that some information you provide will be publicly accessible. For instance, registration for an Account requires that you provide us with your name. If you register through Facebook, the Platform will use the name associated with your Facebook account. Your name (full name, or in some instances, your first name and last initial) may be visible to other users. Depending on the circumstances, your name may be attached to your Content or information, such as scheduling of Contractor Services, service requests, reviews, participating in discussions or forums, messaging, and profile information. Certain other people, including other users with whom you have interacted via the Platform, will see information about you that is attached to your name.We invite you to post Content on or through our Platform, including your comments, feedback, pictures, and any other information. However, please be careful and responsible whenever you are online. If you choose to post User Content on or through the Platform, such as through Member-to- Member messaging, through our review boards, forums, blogs, or other postings, that information: (a) may be or become publicly available; (b) may be collected and used by third parties without our knowledge; and (c) may be used in a manner that may violate this Policy, the law, or your personal privacy.
We may use third-party web analytics services on the Platform, such as those of Google Analytics. These service providers use the sort of technology described in the Information That Is Passively or Automatically Collected section above to help us analyze how users use the Platform, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Platform. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.
Third parties whose products or services are accessible or marketed via the Platform may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Platform in order to (a) inform, optimize, and serve marketing content based on past visits to our websites and other sites and (b) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to visits to our websites. We also allow other third parties(e.g., ad networks and ad servers such as Google Analytics, Facebook and others) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Platform. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Platform by non-affiliated, third- party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human readable form. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you mayvisit the Network Advertising Initiative's Consumer Opt-Out Linkand/or the Digital Advertising Alliance's Consumer Opt-Out Linkto opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Platform, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites accessible by the above links. When using a mobile application you may also receive tailored in-application advertising content. Each operating system, iOS for Apple devices, Android for Android devices and Windows for Microsoft devices, provides its own instructions on how to prevent the delivery of tailored in- application marketing content. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertising. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.
Our Services are not designed for children under 18. Only persons 18 years of age or older may use the Platform. If we discover that an individual under 18 has provided us with personal information, we will close the account and delete such information.
We employ appropriate physical, procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. PunchListIt may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures, however, are 100% failsafe. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. PunchListIt is not responsible for the unauthorized use of your information nor for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity.
The Platform may contain links to other websites or resources over which PunchListIt does not have any control. Such links do not constitute an endorsement by PunchListIt of those external websites. You acknowledge that PunchListIt is providing these links to you only as a convenience, and further agree that PunchListIt is not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites.
You may review, correct and delete certain information about you by logging into the Platform and navigating to your preferences page in "Your Dashboard." You must promptly update your Account information if it changes or is inaccurate. Upon your request, we will close your Account and remove your profile information from view as soon as reasonably possible. We may retain information from closed Accounts in order to comply with the law, prevent fraud, collect any Fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any user, enforce our Terms of Use, and/or for any other purposes otherwise permitted by law that we deem necessary in our sole discretion. You should understand, however, that once you transmit User Content through the Platform, you may not be able to change or remove it. Once we have deleted or removed your Account, you agree that PunchListIt will not be responsible to you for retaining information related to your Account.
We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any services you have requested or received from us.
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE. PUNCHLISTIT MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CHANGE THIS POLICY AT ANY TIME. PUNCHLISTIT WILL POST ITS UPDATED POLICY ON THE PLATFORM IN ADVANCE OF THE NEW EFFECTIVE DATE. PUNCHLISTIT ENCOURAGES YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM WILL BE SUBJECT TO THE TERMS OF THE THEN-CURRENT POLICY.
This Terms of Use Agreement ("Terms") governs your access to, use of, and participation in the Platform made available by PunchListIt, Inc. ("PunchListIt" "we" "our" or "us"). PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON AND ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS THEN DO NOT CLICK THE “ACCEPT” BUTTON WHEREBY YOU MAY NOT ACCESS OR USE THE PLATFORM. All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
PunchListIt reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. PunchListIt will notify you of changes by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on the Platform. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
Please review PunchListIt's Privacy Policy, incorporated herein by reference, for information and notices concerning PunchListIt's collection and use of your information. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.
"Platform" means all PunchListIt websites, mobile or other applications (including any and all PunchlistIt Content
and materials published, offered, uploaded to, posted, transmitted, or displayed on the PunchlistIt website or
application), software, processes and any other services provided by or through PunchListIt.
"Member" means a person or entity who completes the PunchListIt's account registration process or a person or
entity who submits a quote or request for Contractor Services through the PunchListIt Platform, including, but not
limited to, Service Members and Customer Members.
"Customer Member" means a customer who is registered to receive quotes for Contractor Services, requests
quotes for Contractor Services, or otherwise uses the Platform to receive, pay for, or facilitate the receipt of
Contractor Services.
"Service Member" means a contractor who is registered to send quotes for Contractor Services, sends quotes for
Contractor Services, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of
Contractor Services.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but
not limited to profile information, Contractor Service requests, quotes, message threads, reviews, scheduling and
calendar information, and other information or materials available on or through the Platform.
"PunchListIt Content" means all Content PunchListIt makes available on or through the Platform, including any
Content licensed from a third party, but excluding User Content.
"User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform,
including but not limited to photographs, profile information, descriptions, postings, and reviews.
"Collective Content" means User Content and PunchListIt Content together.
"Contractor Services" means the services listed, quoted, scheduled, offered or provided by Service Members
through the Platform.
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are 18 years old or older and that you have the legal authority to enter into contracts for services.. By registering or using the Platform to solicit, receive, pay for, or facilitate the receipt of Contractor Services, you, as a Customer Member, further represent and warrant that you will comply with the terms of this Agreement and use the Platform in compliance with all applicable laws and regulations and in a manner that does not infringe on the rights of any third party. As a Customer Member, you further understand and agree that requesting a quote for Contractor Services does not guarantee that your quote will be read and/or accepted by any Service Member, and that in using the Platform, PunchListIt does not guarantee that you will achieve a particular result or outcome, or that any Contractor Services provided to you will be without fault. You further agree and acknowledge that the PunchListIt Platform simply acts as a passive conduit and an interactive computer provider for the solicitation, publication, advertisement and procurement of certain Contractor Services for and on behalf of its Customer Members.
You agree to provide accurate, current, and complete information during the registration process and any further request for submission of documents or information and at all other times when you use the Platform. You further agree to continually update any and all of your information to keep it accurate, current, and complete. You are solely responsible for safeguarding your PunchListIt password and, if applicable, any third-party site password. You are solely responsible for all activity that occurs on your Account, and you will notify PunchListIt immediately of any unauthorized use. PunchListIt shall not be liable for any damages or losses that you may incur as a result of another parties unauthorized use of your Account. Notwithstanding the foregoing, you shall be liable for any such damages or the losses incurred by PunchListIt or other Members due to such unauthorized use.
Subject to your full compliance with these Terms, PunchListIt grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the Platform and to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use in soliciting and procuring certain Contractor Services for your benefit. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for your personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PunchListIt, or any of its licensors or other Members, except for the licenses and rights expressly granted in these Terms.
Subject to our prior written consent, to be determined in our sole discretion, you may post, upload, publish, submit or transmit User Content. All User Content shall be submitted by you to PunchListIt for approval prior to the posting, uploading, publishing, submission or transmittal of the same on the Platform. By making available any User Content on or through the Platform, you hereby grant to PunchListIt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise PunchListIt, it’s Platform or Contractor Services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by PunchListIt in public advertising. In the interest of clarity, the license granted to you by PunchListIt shall survive termination of the Platform or your Account. With the exception of Feedback, PunchListIt does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content. You acknowledge and agree that PunchListIt does not endorse and is not responsible or liable for any User Content and that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to PunchListIt the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or PunchListIt's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant that all User Content posted to the Platform shall NOT: (i) endorse or promote illegal or harmful activity or violence, or is profane, vulgar, obscene, threatening, or discriminatory; (ii) be used as extortion; (iii) directs other Members to visit additional websites for forms to fill out with duplicative information; or (iv) advertise or solicit a business not related to or appropriate for the PunchListIt Platform. You agree that PunchListIt may proofread, summarize or otherwise edit and/or withdraw User Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited User Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all User Content you create and submit to the Platform and that you are the owner of such User Content, subject to the license rights granted in these Terms.PunchListIt reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, YOU MAY NOT:
Use another person's Account, misrepresent yourself, your identity or qualifications, misrepresent a project or
other information in a quote request, or post User Content to the Platform that is defamatory, derogatory,
obscene, pornographic, abusive, discriminatory, threatening or otherwise inappropriate or unlawful material;
Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the
Platform for any purpose without PunchListIt's prior written approval;
In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform
information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
Transmit more request messages through the Platform in a given period of time than a human can reasonably
produce in the same period by using a conventional online web browser; provided, however, that the operators of
public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of
creating publicly available searchable indices of the materials, but not caches or archives of such material.
PunchListIt reserves the right to revoke these exceptions either generally or in specific cases;
Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to
interfere with the proper working of the Platform or any Member or third-party participation in the Platform; (c)
bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or
otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that
may harm PunchListIt or its Members or users; (f) uses the Platform in a way that violates any copyrights, trade
secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates
the Fee (defined herein) structure, billing, or Fees owed;
Collect, harvest or publish any personally identifiable data including but not limited to names or other account
information, from the Platform, or use the communication systems provided by the Platform for any reason not
explicitly authorized by these Terms, including commercial solicitation purposes;
Recruit, solicit, or contact in any form Service Members or any other Members for employment or any other use
or reason not specifically intended by the Platform;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or
through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory,
threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be
considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Advertise or solicit a Contractor Service not related to or appropriate for the Platform including, but not limited to
any Contractor Service that (a) is not in supported categories or provides only products; (b) provides directories
or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional
convention); (f) competes with the business of PunchListIt; (g) is based outside the United States; (h) promotes
or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited
commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses,
games of chance or giveaways; or (i) provides non-local content.
Submit User Content that damages the experience of any user including but not limited to (a) requests to
download non-PunchListIt mobile applications and/or links that direct the user to mirrored websites where the
user must enter information that is redundant with what has already been entered on PunchListIt, (b) offers to
purchase a Contractor Service or any other service outside of PunchListIt, or (c) using a profile page or user
name to promote services not offered on or through the Platform;
Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
Fail to materially meet the terms of the mutually agreed-upon agreement for the Contractor Services or refuse to
pay for any undisputed services, unless there is a clear typographical error made, or you cannot authenticate or
verify the Service Member’s identity or credentials;
Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request
a refund of any portion of the payment or soliciting Service Members to accept cash or use other payment
methods not specifically approved by PunchListIt;
Sign up for, negotiate a price for, use, or otherwise solicit a Contractor Service with no intention of following
through with your payment for the Contractor Service;
Agree to purchase a Contractor Service when you do not meet a Service Member’s requirements;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform;
Submit reviews that: (i) are not directly related to a Service Member’s conduct, professionalism, or performance
on Contractor Services started or completed; (ii) do not represent your actual, personal experience; (iii) are
unrelated to the actual Contractor Services performed (e.g. political or social commentary); or (iv) are not posted
after a reasonable period (max one (1) year) following the completion of the Contractor Services performed; and
Attempt to indirectly undertake any of the foregoing.
In connection with use of PunchListIt's Platform, PunchListIt charges certain Fees ("PunchListIt Fees" or "Fees"). Currently, no Fees are due and payable from Customer Members for the use and access to the Platform. However, PunchListIt reserves the right to impose and collect a Fee from its Customer Members at a later date and to revise such Fee rates from time to time. PunchListIt will provide you with such notice of any change in Fees at least thirty (30) days prior to its effective date.
PunchListIt values its Members, and we understand that occasionally disputes may arise between or among them. In the event of any dispute or disagreement solely between or among you and another Member arising out of, relating to or in connection with the Contractor Services or payment thereof (“Member Dispute”), you agree to meet at a mutually convenient time and place with the other Member and a representative from PunchListIt, if requested, and use your best efforts to resolve any such Member Dispute by good-faith negotiation and mutual agreement. However, in the event you and the other Member are unable to resolve any Member Dispute, then you agree to first attempt to settle such dispute through a non-binding mediation proceeding and if not resolved, then you may file litigation in the appropriate jurisdiction. Notwithstanding the foregoing, you acknowledge and agree that PunchListIt is under no obligation to become involved in or impose resolution in any dispute between or among its Members or any third party, but in the event PunchListIt agrees to meet with the Members in an effort to try and resolve such Member Dispute, PunchlistIt shall be acting solely in it’s capacity as a neutral party simply offering an independent opinion.
PunchListIt Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, PunchListIt and its licensors exclusively own all right, title, and interest in and to the Platform and PunchListIt Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of PunchListIt used herein are trademarks or registered trademarks of PunchListIt. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
You agree and acknowledge that all feedback, comments, questions and suggestions ("Feedback") that you provide to PunchListIt are the sole and exclusive property of PunchListIt. You hereby irrevocably agree to assign to PunchListIt all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. PunchListIt shall have no obligation concerning the Feedback, including, but not limited to, no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to PunchListIt, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.
We expect all Members using the Platform to respect copyright law. In our sole discretion, we will terminate the Account of any Member who repeatedly infringes or is believed to be repeatedly infringing on the rights of copyright holders.
You agree and acknowledge that PunchListIt does not endorse any Member, user or any Contractor Services, and PunchListIt is not a party to any agreements between or among you or any of its other users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of these Terms or your use or any other Member's use of any part of the Platform. Neither PunchListIt nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. You and the other Members are required by these Terms to provide accurate information, and although PunchListIt may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users and Members, we do not make any representations about, confirm, or endorse any user, Member, or their purported identity or background, regardless of the specific PunchListIt services they are using or the Contractor Services they are providing, or any involvement by PunchListIt personnel in providing or scheduling those services. You agree and acknowledge that any reference on the Platform to a Service Member or user being licensed, insured, bonded, or credentialed in some other manner, or any other designations indicates only that the Service Member or user has successfully submitted a PunchListIt registration application (including the submission of certain certificates and supporting documentation) and met certain review standards, and does not represent an endorsement, certification or guarantee by PunchListIt of such Member’s identity or credentials and whether they or their Contractor Services are licensed, insured, trustworthy, safe or suitable for your specific project. Instead, anysuch description or certification of Service Members should be independently verified and confirmed by you, at your sole discretion, and that such information as listed on the Platform is merely intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of such Service Member compared to other Service Members or users whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any Service Member or other user. PunchListIt is not liable nor responsible, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use or reliance on certain designations or credentials of Service Members or other users, or your dealings or interactions with the Service Members or other users. The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by PunchListIt. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, Members, or other third parties will be limited to a claim against those particular users, Members, or other third parties. You agree to indemnify and hold harmless PunchListIt with respect to such actions or omissions.
Without limiting any other rights reserved herein, PunchListIt may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and PunchListIt, including, but not limited to, removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, terminating your Account, decreasing your status or search rank, canceling quotes, service requests, or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
We may, in our discretion, with reasonable cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your PunchListIt Account in whole or in part if you engage in activity that violates applicable law or any provision of this Agreement. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from PunchListIt support teams; (b) if appropriate in our sole discretion, we may communicate to other Member or users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any refund of Fees paid or Contractor Services cancelled or delayed as a result of your Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in in your profile, clicking "Account," and clicking "Delete Account." Please note that if your Account is cancelled, we do not have an obligation to delete nor return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
The Terms and the relationship between you and PunchListIt shall be governed in all respects by the laws of the State of Kansas, without regard to its conflict of law provisions. You agree that the exclusive venue and jurisdiction for any litigation concerning any claim or dispute you may have against PunchListIt will be in the District Court for Johnson County, Kansas or in the United States District Court for the Tenth Judicial District of Kansas. Any of the foregoing courts will have personal jurisdiction over each party and jurisdiction over matters arising out of this Agreement, and you hereby irrevocably waive any and all objections to personal jurisdiction, venue or convenience in the aforementioned courts.
YOUR USE OF THE PLATFORM, CONTRACTOR SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT PUNCHLISTIT DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PUNCHLISTIT AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE CONTRACTOR SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. PUNCHLISTIT MAKES NO WARRANTY THAT THE PLATFORM OR CONTRACTOR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PUNCHLISTIT ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. PUNCHLISTIT SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, OR THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PUNCHLISTIT OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT PUNCHLISTIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR USERS OF THE PLATFORM OR TO REVIEW OR VET ANY CONTRACTOR SERVICES. PUNCHLISTIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS OR USERS OF THE PLATFORM. YOU AGREE TO TAKE PRECAUTIONS IN ALL COMMUNICATIONS ANDINTERACTIONS WITH OTHER MEMBERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE CONTRACTOR SERVICES. PUNCHLISTIT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBERS, USERS OR THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING CONTRACTOR SERVICES OR REQUESTING OR RECEIVING CONTRACTOR SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER MEMBERS OR USERS OF PUNCHLISTIT OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER PUNCHLISTIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUNCHLISTIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, CONTRACTOR SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING CONTRACTOR SERVICES OR REQUESTING OR RECEIVING CONTRACTOR SERVICES THROUGH THE PLATFORM. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF PUNCHLISTIT AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, CONTRACTOR SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY CONTRACTOR SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO PUNCHLISTIT BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
You agree to release, defend, indemnify, and hold PunchListIt and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request, receipt, offer, or provision of Contractor Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Contractor Services.
Force Majeure: Other than payment obligations, neither PunchListIt nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters. No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. Contacting You and E-SIGN Consent: You agree that PunchListIt may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, PunchListIt or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from PunchListIt or Service Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@PunchListIt.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@PunchListIt.com with contact information and the address for delivery. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by PunchListIt on the Platform, shall constitute the entire agreement between you and PunchListIt concerning the Platform and Contractor Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Waiver: No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and PunchListIt's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Contractor Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
This Terms of Use Agreement ("Terms") governs your access to, use of, and participation in the Platform made available by PunchListIt, LLC ("Punchlistit" "we" "our" or "us") and your Contractor Services offered via the Platform. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON AND ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS THEN DO NOT CLICK THE “ACCEPT” BUTTON WHEREBY YOU MAY NOT ACCESS OR USE THE PLATFORM. All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
PunchListIt reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. PunchListIt will notify you of changes by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on the Platform. . Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
Please review PunchListIt’s Privacy Policy, incorporated herein by reference, for information and notices concerning PunchListIt's collection and use of your information. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.
"Platform" means all PunchListIt websites, mobile or other applications (including any and all
PunchlistIt Content and materials published, offered, uploaded to, posted, transmitted, or displayed
on the PunchlistIt website or application), software, processes and any other services provided by or
through PunchListIt.
"Member" means a person or entity who completes the PunchListIt's account registration process or
a person or entity who submits a quote or request for Contractor Services through the PunchListIt
Platform, including, but not limited, Service Members and Customer Members.
"Customer Member" means a Member who is registered to receive quotes for Contractor Services,
requests quotes for Contractor Sub Contractor Services, or otherwise uses the Platform to receive,
pay for, or facilitate the receipt of Contractor Services.
"Service Member" means a contractor who is registered to send quotes for Contractor Services,
sends quotes for Contractor Services, or otherwise uses the Platform to provide, receive payment
for, or facilitate the provision of Contractor Services.
"Content" means text, graphics, images, music, software, audio, video, information or other
materials, including, but not limited to, profile information, Contractor Service requests, quotes,
message threads, reviews, scheduling and calendar information, and other information or materials
available on or through the Platform.
"PunchListIt Content" means all Content PunchListIt makes available on or through the Platform,
including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content you submit, post, upload, publish, or transmit on or through the
Platform, including, but not limited to, photographs, profile information, descriptions, postings, and
reviews.
"Collective Content" means User Content and PunchListIt Content together.
"Contractor Services" means the services listed, quoted, scheduled, offered or provided by Service
Members through the Platform.
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are 18 years old or older and that you have the legal authority to enter into contracts for services.. By registering or using the Platform to offer, post or provide Contractor Services, you, as a Service Member, further represent and warrant to PunchListIt and all Customer Members that you and, to the extent necessary, all of your employees, agents, and subcontractors who may perform work on your behalf for Customer Members, are properly and fully qualified and experienced, and licensed, certified, bonded and insured as required by applicable laws or regulations to which you may be subject to in the jurisdiction(s) in which you offer and provide Contractor Services. As a Service Member, you understand and agree that sending a quote to a Customer Member does notguarantee that your quote will be read and/or accepted by the Customer Member, and that in using the Platform, PunchListIt does not guarantee that you will be hired for any Contractor Services nor that you will achieve any particular economic result or outcome in using the Platform. You further agree and acknowledge that the PunchListIt Platform simply acts as a passive conduit and an interactive computer provider for the solicitation, publication, advertisement and procurement of certain Contractor Services for and on behalf of Customer Members.
You agree to provide accurate, current, and complete information during the registration process and any further request for submission of documents or information and at all other times when you use the Platform. You further agree to continually update any and all of your information to keep it accurate, current, and complete (including, without limitation, the submission of current licensing certificates and insurance certificates to PunchListIt). You are solely responsible for safeguarding your PunchListIt password. You are solely responsible for all activity that occurs on your Account, and you will notify PunchListIt immediately of any unauthorized use. PunchListIt shall not be liable for any damages or losses that you may incur as a result of another parties unauthorized use of your Account. Notwithstanding the foregoing, you shall be liable for any such damages or losses incurred by PunchListIt or other Members due to such unauthorized use.
Subject to your full compliance with these Terms, PunchListIt grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the Platform and to reproduce and display Collective Content (excluding any software source code) solely for your business use in soliciting, advertising and procuring your Contractor Services for the benefit of Customer Members. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for your use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PunchListIt, or any of its licensors or other Members, except for the licenses and rights expressly granted in these Terms.
Subject to our prior written consent, to be determined in our sole discretion, you may post, upload, publish, submit or transmit User Content. All User Content shall be submitted by you to PunchListIt for approval prior to the posting, uploading, publishing, submission or transmittal of the same on the Platform. By making available any User Content on or through the Platform, you hereby grant to PunchListIt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display,publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise PunchListIt, its Platform or Contractor Services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by PunchListIt in public advertising. In the interest of clarity, the license granted to you by PunchListIt shall survive termination of the Platform or your Account. With the exception of Feedback, PunchListIt does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content. You acknowledge and agree that PunchListIt does not endorse and is not responsible or liable for any User Content and that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to PunchListIt the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or PunchListIt's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant that all User Content posted to the Platform shall NOT: (i) endorse or promote illegal or harmful activity or violence, or is profane, vulgar, obscene, threatening, or discriminatory; (ii) be used as extortion; (iii) directs other Members to visit additional websites for forms to fill out with duplicative information; or (iv) advertise or solicit a business not related to or appropriate for the PunchListIt Platform. You agree that PunchListIt may proofread, summarize or otherwise edit and/or withdraw User Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited User Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all User Content you create and submit to the Platform and that you are the owner of such User Content, subject to the license rights granted in these Terms. PunchListIt reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, YOU MAY NOT:
Use another person's Account, misrepresent yourself or Contractor Services offered through the
Platform, misrepresent your identity or qualifications, misrepresent a project or other information
in a quote request, or post Content to the Platform that is defamatory, derogatory, obscene,
pornographic, abusive, discriminatory, threatening or otherwise inappropriate or unlawful
material;
Use any automated system including but not limited to robots, spiders, offline readers, scrapers
to access the Platform for any purpose without PunchListIt's prior written approval;
In any manual or automated manner copy copyrighted text, or otherwise misuse or
misappropriate Platform information or Content including but not limited to, use on a mirrored,
competitive, or third-party site;
Transmit more request messages through the Platform in a given period of time than a human
can reasonably produce in the same period by using a conventional online web browser;
provided, however, that the operators of public search engines may use spiders or robots to copy
materials from the Platform for the sole purpose of creating publicly available searchable indices
of the materials, but not caches or archives of such material. PunchListIt reserves the right to
revoke these exceptions either generally or in specific cases;
Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes
or attempts to interfere with the proper working of the Platform or any Member or third-party
participation in the Platform; (c) bypasses measures that are used to prevent or restrict access to
the Platform or its Customer Members; (d) circumvents, disables or otherwise interferes with
security features of the Platform; (e) distributes viruses or any other technologies that may harm
PunchListIt or its Members or users; (f) uses the Platform in a way that violates any copyrights,
trade secrets, or other rights of any third party, including privacy or publicity rights; or (g)
circumvents or manipulates the Fee (defined herein) structure, billing, or Fees owed;
Collect, harvest or publish any personally identifiable data including but not limited to names or
other account information, from the Platform, or use the communication systems provided by the
Platform for any reason not explicitly authorized by these Terms, including commercial solicitation
purposes;
Recruit, solicit, or contact in any form Service Members or any other Members for employment or
any other use or reason not specifically intended by the Platform;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful
Content to or through the Platform, including Content that is harassing, hateful, illegal, profane,
obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages
inappropriate activity, conduct that would be considered a criminal offense, or conduct that would
give rise to civil liability or violate any law;
Advertise or solicit a Contractor Service not related to or appropriate for the Platform including,
but not limited to any Contractor Service that (a) is not in supported categories or provides only
products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e)
promotes events (such as a party or professional convention); (f) competes with the business of
PunchListIt; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk
mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content,
discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of
chance or giveaways; or (i) provides non-local content.
Submit User Content that damages the experience of any user including but not limited to (a)
requests to download non-PunchListIt mobile applications and/or links that direct the user to
mirrored websites where the user must enter information that is redundant with what has already
been entered on PunchListIt, (b) offers to provide Contractor Services or any other service to
Customer Members not related to or appropriate for the PunchListIt Platform, or (c) using a profile
page or user name to promote services not offered on or through the Platform;
Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
Fail to perform Contractor Services purchased from you as promised, unless the Member fails to
materially meet the terms of the mutually agreed-upon agreement for the Contractor Services or
refuses to pay for undisputed services, or a clear typographical error is made, or you cannot
authenticate or verify the Member's identity or ability to pay for services;
Engage in fraudulent conduct including, but not limited to, offering to receive or make money
transfers with the intent to provide or request a refund of any portion of the payment or soliciting
Customer Members to mail cash or use other payment methods not specifically approved by
PunchListIt;
Sign up for, negotiate a price for, use, or otherwise solicit a Contractor Service with no intention
of following through with your performance of the Contractor Service;
Agree to offer a Contractor Service when you do not meet a Member's requirements;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose
of the Platform;
Submit reviews that: (i) are not directly related to a Customer Member’s conduct, professionalism,
or performance on Contractor Services started or completed; (ii) do not represent your actual,
personal experience; (iii) are unrelated to the actual Contractor Services performed (e.g. political
or social commentary); or (iv) are not posted after a reasonable period (max one (1) year)
following the completion of the Contractor Services performed; and
Attempt to indirectly undertake any of the foregoing.
In connection with your use of PunchListIt's Platform, PunchListIt charges certain Fees ("PunchListIt Fees" or "Fees"). Current Fees will be as set forth by PunchListIt when you complete your PunchListIt account registration signing up. Fees for any additional products or services to be provided by PunchListIt will be shown in policies or terms provided to you before you use such products or services. You agree to pay in advance all applicable Fees or charges based on the current Fee schedule and billing terms then in effect. If such Fees are being paid via credit card or other electronic means, then you authorize PunchListIt to charge such Fees using your selected payment method. You are responsible for providing complete and accurate billing information to PunchListIt. All payments once made by you are non-refundable, except as required by law or as explicitly set forth in this Agreement. By default, your membership Account is set to auto-renew and you agree and acknowledge that PunchListIt may automatically charge you for such renewal on or after the renewal date associated with your Account unless you have cancelled, in writing, yourmembership Account thirty (30) days prior to its renewal date. You agree and acknowledge that PunchListIt may revise its Fee rates for all Service Members from time to time and will provide you with such notice of any change in Fees at least thirty (30) days prior to your next renewal date. If Fees become past due or if in the process of any renewal of this Agreement, your payment is returned or the credit card information is declined, then PunchListIt may: (i) suspend or terminate your access to and use of the Platform until full payment is made; and (ii) pursue all remedies at law to recover your payment of the Fees due and owing. In the event it becomes necessary to employ the service of a collection service and/or attorney to collect any sums due from you, you agree to pay for all costs of collection, including reasonable attorney fees, through appeal. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by PunchListIt or by anyone on its behalf, including but not limited to a third party collection agent.
PunchListIt values its Members, and we understand that occasionally disputes may arise between or among them. In the event of any dispute or disagreement solely between or among you and another Member arising out of, relating to or in connection with the Contractor Services or payment thereof (“Member Dispute”), you agree to meet at a mutually convenient time and place with the other Member and a representative from PunchListIt, if requested, and use your best efforts to resolve any such Member Dispute by good-faith negotiation and mutual agreement. However, in the event you and the other Member are unable to resolve any Member Dispute, then you agree to first attempt to settle such dispute through a non-binding mediation proceeding and if not resolved, then you may file litigation in the appropriate jurisdiction. Notwithstanding the foregoing, you acknowledge and agree that PunchListIt is under no obligation to become involved in or impose resolution in any dispute between or among its Members or any third party, but in the event PunchListIt agrees to meet with the Members in an effort to try and resolve such Member Dispute, PunchlistIt shall be acting solely in it’s capacity as a neutral party simply offering an independent opinion.
PunchListIt Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, PunchListIt and its licensors exclusively own all right, title, and interest in and to the Platform and PunchListIt Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of PunchListIt used herein are trademarks or registered trademarks of PunchListIt. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
You agree and acknowledge that all feedback, comments, questions and suggestions ("Feedback") that you provide to PunchListIt are the sole and exclusive property of PunchListIt. You hereby irrevocably agree to assign to PunchListIt all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. PunchListIt shall have no obligation concerning the Feedback, including, but not limited to, no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to PunchListIt, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.
We expect all Members using the Platform to respect copyright law. In our sole discretion, we will terminate the Account of any Member who repeatedly infringes or is believed to be repeatedly infringing on the rights of copyright holders.
You agree and acknowledge that PunchListIt does not endorse any Member, user or any Contractor Services, and PunchListIt is not a party to any agreements between or among you or any of its other users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of these Terms or your use or any other Member's use of any part of the Platform. Neither PunchListIt nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. You and the other Members are required by these Terms to provide accurate information, and although PunchListIt may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users and Members, we do not make any representations about, confirm, or endorse any user, Member, or their purported identity or background, regardless of the specific PunchListIt services they are using or the Contractor Services they are providing, or any involvement by PunchListIt personnel in providing or scheduling those services. You agree and acknowledge that any reference on the Platform to a Member or user being licensed, insured, bonded, or some other credentials or designations indicates only that the Member or user has successfully submitted a PunchListIt registration application (including the submission of certain certificates and supporting documentation) and met certain review standards, and does not represent an endorsement, certification or guarantee by PunchListIt of such Member’s identity or credentials and whether they or their Contractor Services are licensed, insured, trustworthy, safe or suitable for a particular project. Instead, any such description or certification of Members should beindependently verified and confirmed by you, at your sole discretion, and that such information as listed on the Platform is merely intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of such Member compared to other Members or users whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any Member or other user. PunchListIt is not liable nor responsible, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use or reliance on certain designations or credentials of Members or other users, or your dealings or interactions with the Members or other users. You agree and acknowledge that the Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by PunchListIt. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members, users, or other third parties will be limited to a claim against those particular users or other third parties. You agree to indemnify and hold harmless PunchListIt with respect to such actions or omissions.
Without limiting any other rights reserved herein, PunchListIt may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and PunchListIt, including, but not limited to, removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
We may, in our discretion, with reasonable cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your PunchListIt Account in whole or in part if you engage in activity that violates applicable law or any provision of this Agreement. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from PunchListIt support teams; (b) if appropriate in our sole discretion, we may communicate to other Member or users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any refund for Fees paid or Contractor Services cancelled or delayed as a result of your Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in in your profile, clicking "Account," and clicking "Delete Account." Please note that if your Account is cancelled, wedo not have an obligation to delete nor return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
The Terms and the relationship between you and PunchListIt shall be governed in all respects by the laws of the State of Kansas, without regard to its conflict of law provisions. You agree that the exclusive venue and jurisdiction for any litigation concerning any claim or dispute you may have against PunchListIt will be in the District Court for Johnson County, Kansas or in the United States District Court for the Tenth Judicial District of Kansas. Any of the foregoing courts will have personal jurisdiction over each party and jurisdiction over matters arising out of this Agreement, and you hereby irrevocably waive any and all objections to personal jurisdiction, venue or convenience in the aforementioned courts.
YOUR USE OF THE PLATFORM TO OFFER ANYCONTRACTOR SERVICES OR THE USE OR ACCESS TO ANY COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT PUNCHLISTIT DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, SERVICE MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PUNCHLISTIT AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE CONTRACTOR SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. PUNCHLISTIT MAKES NO WARRANTY THAT THE PLATFORM OR CONTRACTOR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PUNCHLISTIT ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. PUNCHLISTIT SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER,USER OR THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PUNCHLISTIT OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT PUNCHLISTIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR USERS OF THE PLATFORM OR TO REVIEW OR VET ANY CONTRACTOR SERVICES. PUNCHLISTIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS OR USERS OF THE PLATFORM. YOU AGREE TO TAKE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE CONTRACTOR SERVICES. PUNCHLISTIT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBERS, USERS OR THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING CONTRACTOR SERVICES OR REQUESTING OR RECEIVING CONTRACTOR SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER MEMBERS OR USERS OF PUNCHLISTIT OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER PUNCHLISTIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUNCHLISTIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITHTHESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, CONTRACTOR SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING CONTRACTOR SERVICES OR REQUESTING OR RECEIVING CONTRACTOR SERVICES THROUGH THE PLATFORM. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF PUNCHLISTIT AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, CONTRACTOR SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY CONTRACTOR SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO PUNCHLISTIT BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
You agree to release, defend, indemnify, and hold PunchListIt and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request, receipt, offer, or provision of Contractor Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Contractor Services.
Force Majeure: Other than payment obligations, neither PunchListIt nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters. No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. Contacting You and E-SIGN Consent: You agree that PunchListIt may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, PunchListIt or Customer Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from PunchListIt or Customer Members, you also consent to the use of an electronic record to document youragreement. You may withdraw your consent to the use of the electronic record by sending an email to support@PunchListIt.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@PunchListIt.com with contact information and the address for delivery. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by PunchListIt on the Platform, shall constitute the entire agreement between you and PunchListIt concerning the Platform and Contractor Services provided through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Waiver: No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and PunchListIt's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Contractor Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect. Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@PunchListIt.com
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