Use of Our Services
You agree and acknowledge that you are in need of a service and you are wanting to be contacted to get your needed service provided. You may not use our Website, Services, or Terms if you are (a) below the age of 18 (b) not of the legal age to form a binding contract in your jurisdiction with us, (c) for any other reason unable to enter into a binding contract with us.
At our sole discretion, we may disable your ability to use our Website and Services if we believe you are or have become unable to consent to these Terms.
CHANGES TO OUR TERMS
From time to time, we may change our Terms. These Terms were last modified on May 9, 2018. Changes to our Terms may occur without notice to you. You may always find an updated version of the Terms at this web location. If you do not agree with any alterations in our Terms, you must discontinue your usage of our Website and our Services. You may also request that your user account, if any, be deleted or permanently disabled, and that we remove any information we may be holding specific to your usage of our Website or Services. Information regarding how to disable your user account and to contact us is contained elsewhere in this document.
If you do engaged in any of these prohibited acts, we reserve the right to seek remedies for damages including but not limited to legal fees, repairs, and lost revenue, and to terminate your user account, if any, and your ability to access our Website and Services. You agree and acknowledge that when you check boxes for additional services you expect to be contacted in regards to those services as well.
Information Provided To Us By You / TCPA Consent
When filling out our forms to request one or more services you will be prompted to provide information about yourself such as first and last name, email address, phone number, street address, zip code, comments, services, etc. Some, if not all, of the information you provide to polebarnbuilder.com will be sent to service professionals so they can respond to your service request. When you submit our forms or provide this information to us, you are giving us your consent and verification of your intention that you want to be contacted by us or/and service professionals and contractors who provide services via phone, text, fax, email, SMS messaging, or other means, at any of the contact numbers or addresses, even if you have previously or currently are listed on any federal Do Not Call List or other state, federal, city, county, or provincial list. This includes solicitations, notifications, appointments, scheduling, and follow ups for other purposes reasonably related to your service request including marketing related emails. You are also authorizing polebarnbuilder.com and our partners to send you prerecorded automated calls confirming service requests. You may receive calls from up to four service professionals per partner who can assist with your request to the landline or mobile phone number you provided. You understand that us and/or our partners may use prerecorded telephone technology including prerecorded messages that are autodialed to call you and that your consent is not required to purchase products or services. Visit our privacy page for additional information about our privacy practices and policies. You acknowledge and agree that by completing one or more service requests by submitting our forms or contacting us that you are entering into a business relationship with us and/or our partners and thus you are agreeing to be contacted by us and/or our partners. You agree and acknowledge that inputting false information such as name, phone number, email address, address, and other info is a serious and fraudulent matter that could lead to damages and significant costs including invasion of privacy rights to us, our partners, consumers, and other innocent parties. These damages could include but aren’t limited to loss of revenue, legal fees, loss of time and effort, penalties, and other losses. In you intentionally or knowingly input false information into our forms including but not limited to the use of someone else’s name, email address, physical address, or phone number, or if you make up a random or fake name, email address, physical address, or phone number you agree to indemnify us and our partners and be liable to us and each of our service partners for a minimum amount of $10,000 and even more if further damages and losses occur such as legal fees and damages including direct, indirect, punitive and consequential damages, judicial fines, attorney expenses, regulatory fines, and any other penalties associated and arising from the intentional, harmful, and misleading fraudulent activity.
Articles and Content
Our content may offer advice from time to time and you acknowledge and agree that our suggestions or advice does not substitute for the knowledge and advice from a service professional. We are not liable for any decision you make that you later regret or if you spend more money than you previously expected because you followed suggestions or advice.
We do not guarantee the work of any service professional. Any disputes that arise between you and a service professional are between you and the service professional, not us. We have no obligation to you in regards to your relationship between you and your service professional or the quality of work performed by the service professional, or any damages caused to you or your property by the service professional(s). Please see the “Limitation of Our Liability” section for more information.
You agree to indemnify us, our employees, our partners, our officers, our agents, and our owners, and hold each of us harmless from any and all demands or claims including legal expenses and attorney fees made by any third party because of or arising from the use of any of our services or partner services in connection with any of our websites, with regard to any disputes between you and service professionals or contractors, or your violation of any of these terms and conditions, or any claims arising from your violations of any rights of any third party.
Without impacting our rights as stated in this subsection, we reserve the right to assume the exclusive control of any matter subject to indemnification by you. Our assumption of this control does not excuse your indemnity obligations. You covenant that you will cooperate with assisting us in any way, and in asserting any available defense in such a situation. You agree not to settle any matter subject to indemnification by you without first obtaining our prior written consent.
Any dispute between you and us or our websites must be resolved exclusively by binding arbitration through the American Arbitration Association or in small claims court in a competent jurisdiction. However, whether you choose arbitration or small claims court, you may not commence any type of class action, class arbitration or other representative actions or proceedings against us.
By filling in our form and submitting your information to us and our partners you acknowledge and agree that our partner service professionals may send you informational text messages, SMS messages as part of their normal business practices. You may choose to opt out from receiving these SMS messages at any time by texting STOP from the mobile device that is receiving the messages.
You agree and acknowledge that us and our partners may monitor and/or record any phone calls you make using the phone numbers listed on our websites. Service Professional Pre-Screening Disclaimers and Procedures We make no guarantees of the quality of the service professionals who may contact you. Our partners have their own requirements and may prescreen service professionals as they deem appropriate. Although most service professionals are completely legitimate, licensed, and certified in their trade, there is a chance that certain professionals could slip through the cracks, not have proper business licenses and filings, criminal background records searches, sex offender searches, identity verification such as social security numbers, legal searches for civil judgments, etc. Many of our partners pre-screen for some or all of these things but that screening is typically done at the beginning of verifying the service professional and doesn’t take into account anything that may have occurred negatively for that service professional after the initial screening procedures. Furthermore, for service professionals using Corporate Accounts such as employees, franchisees, dealers, and independent contractors those screening methods can be different or non existent, meaning no screening at all.
You agree and acknowledge that our services offered are provided to you on an “as is” basis with no warranties or guarantees whatsoever, and your exclusive and sole remedy for dissatisfaction of the services we offer or provide is to discontinue using our services. Except as expressly set forth herein we expressly disclaim any implied warranties or guarantees or any kind and you agree that we shall have no liability for direct, incidental, indirect, special, consequential, or incidental damages, including but not limited to lost profits, punitive damages, exemplary damages, or other damages, even if we have been advised of the possibility of such damages, arising out of arising out of this agreement or any other consequences which could flow from it. If any of the provisions of terms and conditions within this agreement shall become deemed unlawful, unenforceable, or void by a court of competent jurisdiction then that provision shall be modified to the extent to make it enforceable while maintaining the spirit of the provision. If modification is an impossibility then that provision will be stricken but all remaining provisions will be enforceable and valid. You agree that any claim or call to action resulting from the use of our services offered, regardless of any law or statute to the contrary, must be filed within (1) one year the cause of action or claim arose, or it must forever be barred. The titles of the sections in our Terms of Service have no legal or contractual effect and have been provided only for your convenience.
THIRD PARTY WEBSITES
We may provide hyperlinks or references to other websites. The appearance of these links does not constitute our approval or endorsement of these websites. In many cases, we may have no affiliation of any kind with these third parties.
To the extent permissible by law, we may not disclose any financial or other connections we may have with these third party websites.
We are not responsible for the content of third party websites that may be linked from our website or provided to you via our Services. You navigate to any third party website at your own risk, and may be responsible for compliance with terms, policies, or laws relevant to these third parties.
All material on our Website, including source code, data, images, and all other content, is owned by us, unless expressly indicated otherwise. Such owned intellectual property also includes our marks, logos, and similar content, regardless of whether such content is registered. Portions of our content may be licensed or repurposed from other websites, and therefore may be subject to the terms of services, privacy policies, and other applicable terms from these content providers. If your usage of our website makes you subject to these terms, you are solely responsible for reviewing these associated terms and complying with them. Some websites and data providers may require us to display licensing or marketing information next to the data, which is one indication that we are licensing or using data from third parties, and may make you obligated to comply with the terms of third parties, however we may not always display such information. Such failure to display this information does not obviate you from your obligations to follow the applicable terms and conditions of the content provider.
We may use utilize trademarked graphics, service marks, images, logos, or other promotional material in connection with our Services. These marks and images may be subject to legal protection within the United States or other jurisdictions. To the extent permitted by law, reproduction of these marks is prohibited without our express consent.
We own trade secrets and know-how that contribute to the functionality of our Website and the Services, which may be legally registered, or be eligible to be legally registered, or may otherwise belong to us. Your usage of our Website or Services does not entitle to any right, claim, or other interest whatsoever in these trade secrets and know-how.
CHANGES TO OUR WEBSITE AND SERVICES
From time to time, we may change the Services that we offer, or our Website. For example, we may modify, correct, amend, improve, alter, enhance, or make any other changes to our Website and Services, including discontinuing, on a temporary or permanent basis, our Website and Services. These changes are at our sole discretion, and we may not notify you prior to changes that may directly impact or alter your usage with our Website and Services. You agree that we shall not be liable to you or to any third party for any modifications, suspensions, or discontinuances of our Website or our Services.
We may terminate this legal agreement with you, at any time, without notice, and at our sole discretion if (a) you have breached any provision of the Terms, or any law or rule or regulation, or we believe you intend to make such a breach, or we believe you are unable to comply with any provision of the Terms; or (b) we are required to do so by law; or (c) we cease operation or providing Services or our Website.
You may terminate your legal agreement with us at any time by (a) discontinuing the use of our Services, for example, if you have a user account with us, you must delete your user account or inform us of your desire to delete this account, or (b) affirmatively manifesting to us that you wish to terminate this legal agreement, such as by e-mailing.
Our or your termination of this Agreement shall not in any way impact the rights you have agreed to as detailed in the Disclaimer of Warranties and General Disclaimer, Indemnity, Limitation of Our Liability, and General Provisions sections elsewhere in these Terms, or in any other section that explicitly notes it shall continue to be in effect after the expiration or termination of our relationship. These sections remain in effect, and therefore our protections remain in effect, so long as you or your successors in interest retain the ability to litigate any legal claim you may have against us, or any third party that may in any way implicate or involve us maintains such claims, and so long as you or your successors in interest remain liable for any civil or criminal claim arising out of or in any way implicating us or the use of our Website or Services.
The termination of your account or your relationship with us may result in the loss of information associated with your user account or your usage of our Services or may permanently restrict your access to our Services. We do not accept any liability for any loss you may incur resulting from the loss of such information, or Services.
LIMITATION OF OUR LIABILITY
Please read this section carefully, as it may impact important legal rights.
The use of our Services and Website, and your interaction with any of our third party vendors, affiliates, contractors, service providers, and similar that may be put in touch with you via our Services is solely at your own risk. To the maximum extent legally permissible, you agree that polebarnbuilder.com, its officers, directors, agents, employees, subsidiaries, joint ventures, successor entities, and any other similarly affiliated individuals or entities (“polebarnbuilder.com and its affiliates”), shall not be liable for any damages whatsoever arising from your use of our Website or Services, or any other services derived directly or indirectly from your usage of our Services and Website. Damages for which polebarnbuilder.com and it affiliates are not liable for include, but are not limited to, direct, indirect, special, punitive, exemplary, incidental or consequence damages of any kind, derived under any legal system or legal theory, regardless of the foreseeability of such damages, and our prior or assumed knowledge regarding the likelihood of such damages.
If such any dispute is adjudicated under laws which may limit a general release of this nature, or you are able to claim the protection of these laws in any way, you agree to waive your protections under these laws, to such an extent such a waiver is legally possible, or you agree that the foregoing limitation shall be amended to the maximum extent legally permissible to effect the intent of this section, which is to limit our liability arising from your usage of our Website and Services.
DISCLAIMER OF WARRANTIES AND GENERAL DISCLAIMER
YOU AGREE AND ACKNOWLEDGE THAT OUR SERVICES OFFERED ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER, AND YOUR EXCLUSIVE AND SOLE REMEDY FOR DISSATISFACTION OF THE SERVICES WE OFFER OR PROVIDE IS TO DISCONTINUE USING OUR SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OR GUARANTEES OR ANY KIND AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, OR OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF ARISING OUT OF THIS AGREEMENT OR ANY OTHER CONSEQUENCES WHICH COULD FLOW FROM IT.
If any of the provisions of terms and conditions within this agreement shall become deemed unlawful, unenforceable, or void by a court of competent jurisdiction then that provision shall be modified to the extent to make it enforceable while maintaining the spirit of the provision. If modification is an impossibility then that provision will be stricken but all remaining provisions will be enforceable and valid. You agree that any claim or call to action resulting from the use of our services offered, regardless of any law or statute to the contrary, must be filed within (1) one year the cause of action or claim arose, or it must forever be barred. The titles of the sections in our Terms of Service have no legal or contractual effect and have been provided only for your convenience.
You agree that these Terms constitute the entire, complete, and exclusive agreement between you and us. This agreement supersedes all prior agreements and understandings, written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms.
To the extent permissible by law, in no circumstance shall you seek or be entitled to injunctive or other equitable relief, or to enjoin or restrain the operation of our Services.
You may not assign your rights or obligations under this Agreement to any other party without our consent. We may assign or delegate your rights or obligations under this Agreement, fully or partially, at any time without notice to you.
polebarnbuilder.com is controlled and operated within the United States. We make no representation, warranties, or other promises that our Service may be accessible in any other country, or that our Services do not violate the laws of any other jurisdiction. Your use of our Services in another jurisdiction may subject you to legal obligations or penalties. We are not responsible for the potential obligations or liability you may assume by accessing our website or using our Services in another jurisdiction.