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Pro.com Terms of Use

Effective Date: September 2019

These Pro.com Terms of Use are a legally binding agreement between you and Pro.com.  In order to use this website and engage Pro.com’s services, you must be at least eighteen (18) years old and the property owner.  Pro.com and its affiliates (“Pro.com”) operate this website (“Site”) to provide individuals and businesses (the “Property Owner”, “you” or “your”) with online access to obtain information about our services and opportunities. Pro.com is an innovative general contractor that helps you realize your construction goals ranging from small home renovations to new home builds. 

FREQUENTLY ASKED QUESTIONS:

What is a general contractor?  As a general contractor,  Pro.com directly enters into a prime contract with a Property Owner and is responsible for supervising and building the entire construction project, including hiring and managing the project team which may include a combination of Pro.com employees and subcontractors to complete the work as well as ensuring the work quality and timeliness of the work performed.

What is a prime contract?  A prime contract is the agreement between the Property Owner and Pro.com that specifies the terms and conditions of the construction project.

What is a subcontractor?  A subcontractor is hired by Pro.com to perform work on the Property Owner’s construction project.  Subcontractors perform services such as electrical work, carpentry, plumbing, drywalling, tiling, painting, etc.  Subcontractors are not employees of Pro.com, but are independent contractors that agree to directly contract with Pro.com to work on your project. Each Subcontractor is obligated for compliance with all applicable federal, state and local laws including employment and wage laws.

Why hire Pro.com?  Pro.com removes the stress from your construction project and helps you achieve the results that you want, on time and on budget.

TERMS OF USE:

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE AND ANY AND ALL CHANGES MADE TO THE TERMS OF USE; IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE.

By accessing and using this Site, you agree to all of the terms and conditions set forth in this Site (“Terms of Use”). You understand and agree that it is your responsibility to frequently review these Terms of Use. Pro.com reserves the right to modify any Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the modified Terms of Use.

You agree to use this Site only for lawful purposes and you will not take any direct or indirect action that might interfere with the rights of third parties.  Furthermore, you agree not to take any action that might compromise the security of this Site, render the Site inaccessible to others or otherwise cause damage to this Site or its Content. Pro.com reserves the right to bar you from this Site for violations, in whole or part, of its Terms of Use.

You may only use the information, writings and/or images on this Site (the “Content”) for your non-commercial and personal use.  Pro.com reserves complete title and full intellectual property rights in all Content. Except as expressly specified herein, you may not use, alter, copy, distribute, transmit, or derive another work from any Content on this Site.  Your downloading or taking other action related to any Content does not transfer any right, title or interest in the Content to you. Any information contained herein is provided for informational purposes only and you may not reuse any information on this Site without prior written authorization from Pro.com; any such unauthorized reuse will be at your sole risk and without liability to Pro.com.

You acknowledge and agree that Pro.com assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, and/or (ii) personal injury or property damage, of any nature whatsoever, arising from your use of this Site. You acknowledge and agree that you may be subject to screening by Pro.com. 

If you have any questions, comments, or concerns, please contact us at support@pro.com.

IF YOU ARE DISSATISFIED WITH THIS SITE, THE SERVICES, THE CONTENT, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

PRIVACY:

Pro.com takes your privacy very seriously. You can view the current Pro.com Privacy Policy at https://pro.com/privacy.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with any personal information, please contact us at legal@pro.com.

REQUESTING A QUOTE FOR SERVICES:

If you would like to request a quote or request information from Pro.com, you may be required to register for an account, and select a password and username (“Pro.com User ID”) as well as provide contact information (e.g., your phone number, email, etc.).  By providing us with your contact information, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your project.  Your consent is not a condition of any purchase for services. You are giving us your permission to contact you until you have provided written notification to us in advance to the contrary.  

When using this Site, you promise to submit accurate, complete, and updated information. You may not select as your Pro.com User ID a name that you don’t have the right to use, or another person’s or entity’s name with the intent to impersonate that person or entity. You may not transfer your account to anyone else without prior written permission from Pro.com.  In addition, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account, including but not limited to charges incurred.

Furthermore, you agree that any material, information, or data you transmit to us or post to this Site (the “Submission(s)”) will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Pro.com the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

CALLS, SMS AND MMS SERVICES:

You consent to receive SMS messages (including text messages), calls and messages (including pre-recorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account.  Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, s/he may also leave a message on your answering machine, voice mail, or send one via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.  Your cellular or mobile telephone provider will charge you according to the type of plan you carry. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes.

When you opt-in to the service, we will send you an SMS message to confirm your signup.

You can cancel the SMS/MMS service at any time. Just text "STOP" to 776776 After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS/MMS messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to 776776 After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.

PAYMENTS TO PRO.COM USING ACH TRANSFERS:

Pro.com uses Dwolla, Inc. to facilitate Automated Clearing House (“ACH”) payments for your project.  In order to make ACH payments to Pro.com, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service (https://www.dwolla.com/legal/tos/) and Privacy Policy (https://www.dwolla.com/legal/privacy/) .  Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service.  

You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. 

You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla.  

For customer support for your Dwolla account activity, contact support@pro.com and/or 1-800-597-4776.

COPYRIGHT:

This Site and its Contents are protected by U.S. and/or foreign copyright laws, and belong to Pro.com, its partners, affiliates, contributors or third parties who have authorized the use on this Site. You may download and reprint Content for non-commercial, non-public, personal use only.

Pro.com respects others’ intellectual property rights, and in accordance with the Digital Millennium Copyright Act (the “DMCA”), we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

TRADEMARK:

You may not use any mark or logo appearing on this Site without prior express written permission from the trademark owner.

LINKS TO THIRD PARTY SITES:

This Site may have links to third party sites or information.  Such links are solely provided as a convenience to you and are not an endorsement, sponsorship, or recommendation by Pro.com. By using such links, you will leave this Site and be subject to the terms of use and privacy policy applicable to those sites.

 Pro.com is not responsible for the availability of any third party site nor is Pro.com responsible or liable for any information contained in any third party sites. 

WARRANTY DISCLAIMER:

Pro.com does not make any endorsements, representations, express or implied warranties whatsoever concerning any Content or other information contained in or accessed through this Site.    Pro.com does not make any representations or warranties regarding suggestions or recommendations of services or products offered or purchased through this Site. 

PRO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THIS SITE, ANY SERVICES, THE CONTENT, AND ANY PRODUCT OR SERVICES FURNISHED OR TO BE FURNISHED VIA THE SITE. PRO.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. PRO.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THIS SITE, ITS SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PRO.COM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) ONE HUNDRED USD ($100.00) OR (II) THE AMOUNTS COLLECTED FROM YOU BY PRO.COM IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING AN APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THIS SITE, ITS SERVICES, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THIS SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS SITE, ITS SERVICES AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT, EVEN IF PRO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH STATES, PRO.COM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL PRO.COM’S LIABILITY EXCEED ONE HUNDRED USD ($100.00).

INDEMNIFICATION:

You understand that you are personally responsible for your behavior on this Site, therefore, you agree to indemnify and hold Pro.com, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use and/or misuse of this Site, its Services, and the Content (including any actions taken by a third party using your account) and/or (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

ASSIGNMENT:

You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Pro.com’s prior written consent.  Pro.com may transfer, assign, or delegate our Terms of Use, our rights, and obligations without your consent.

ENTIRE AGREEMENT:

These Terms of Use constitute the entire agreement between you and Pro.com with respect to the subject matter herein. 

NO WAIVER:

No waiver by Pro.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

SITE CORRECTIONS: 

The Content on this Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. Accordingly, Pro.com reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice; however, there is no guarantee that any errors, inaccuracies or omissions will be corrected.

APPLICATION OF LAWS:

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision herein, all of which will remain in full force and effect. 

GOVERNING LAW:

Any and all disputes relating to these Terms of Use, your use of this Site, the Content, or any Services are governed by, and will be interpreted in accordance with, the laws of the State of Washington, without regard to any conflict of laws provisions.