These Terms and Conditions govern every aspect of the relationship between you and ABC Professional Network, LLC. (referred to herein as “the Company”, “we” or “us”). As used herein, the terms “you,” “your” and “yourself” shall mean collectively you, your company and any of your company’s affiliates, successors and assigns, agents, employees, representatives, subcontractors,
and any individuals performing work on your behalf. References to the Company’s Website include all websites owned, operated, or maintained by us now or in the future.
1. By enrolling through our Company’s Website, you agree to our Terms and Conditions, forming a legally binding contract which defines our business relationship based on mutual agreement and understanding.
2. We develop and advertise websites to obtain requests from homeowners or other entities that request construction services which we subcontract to our own network of certified contractors. We may also obtain lead referrals from our affiliates and/or other third-party providers.
3. Upon enrollment, you will complete our standardized Website’s Enrollment Form, providing information about yourself and your company, which will be saved in our website for future processing. You will also indicate the construction services that you are willing and able to provide based on your license(s) type(s) and operation capacity. We’ll verify, confirm, classify, and certify your business information so that we can create your company’s profile
so that you can become a member of our network of Certified Contractors.
2. USE OF WEBSITE
4. We own our website content, including but not limited to visual interfaces, interactive features, graphics, design compilation, computer code, products, software, consumer content, your comments and all other elements and components of our service and the
website and the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with the Company, the Website, and our Services.
5. You represent and warrant that you are enrolling in our program for the sole purpose of performing construction services in accordance with our Terms and Conditions, that you are not a competitor of ours, that we have not previously banned you from becoming a member of our network, and that you will not attempt to circumvent access restrictions, duplicate, create derivatives or expose or copy our Company’s business model, proprietary technology, system or software, or any of the website’s content or any of our services.
6. If you choose to visit our Website, or share personal Information with us, your visit and any dispute over privacy is subject to this Notice, including limitations on damages, resolution of disputes, and application of the law of the State of California. If you have any concerns about our privacy practices, please contact us with a thorough description, and we will try to resolve it.
3. YOUR REPRESENTATIONS AND AGREEMENTS
8. You, your employees, and your affiliates agree to provide construction services as an independent contractor under the Terms and Conditions and procedures established by the Company.
9. You agree that all your licenses and insurance policies related to construction services are current, and that no such licensing authority has either revoked or suspended any of your licenses.
10. You agree to notify us of any changes to your status as represented in this paragraph, and you authorize us to verify that all these representations are true and accurate.
11. You agree to always comply with federal, state, and local laws and regulations regarding your performance of construction services.
12. You agree not to use unethical or deceptive business practices, illegal acts, actions of wrongdoing or dishonesty including, but not limited to disrespecting customers whether they’re homeowners and their family members, or other developers, their affiliates, and/or their employees.
13. You agree that you or any of your representatives acting directly on your behalf will not try to contact, offer, and/or provide construction services for any of the homeowners or customers for which you were subcontracted for while you’re a member of our certified network of contractors and/or one year after your membership has been terminated.
14. You shall be responsible and directly liable for any representatives acting on your behalf and for all their violations of our Terms and Conditions and their acts or omissions.
15. You expressly agree to indemnify, defend and hold harmless the Company, its officers, directors, shareholders, suppliers, partners, employees, agents and each of their successors and assigns (collectively, the “indemnified parties”) from and against all claims, liens, damages, liabilities of any kind, including but not limited to intellectual property infringement, personal injury, property damage, deceptive business practices, fraud, violation of any federal, state or local laws or regulations, and attorneys’ fees and court costs related in any way to your construction services which are subject to these terms and conditions, including any extra work, regardless of cause or any of its indemnified parties’ fault or negligence and without regard to cause or to any concurrent or contributing fault, strict liability or negligence, whether sole, joint or concurrent, active or passive by any of the indemnified parties. We shall not be liable to you for any consequential, indirect, incidental, punitive or special damages, lost revenue, lost profits, or any other type of losses.
16. This agreement constitutes a non-exclusive contract to provide our Service to you and you acknowledge that we will enter into other agreements with other contractors that may be providing similar construction services. Your relationship with the Company shall be as that of an independent contractor and neither party shall hold itself out to be an agent, employee, partner, or joint ventures of the other nor shall either party represent itself to have authority to act on behalf of the other.
4. CONFIDENTIAL AND PROPRIETARY INFORMATION
17. You acknowledge that the Company’s business is highly competitive; that the Company has and will give you immediate access to Confidential Information of the Company that is a valuable, special, and unique asset used by the Company in its business; and that protection of such Confidential Information against unauthorized disclosure and use is of critical importance to the Company. “Confidential Information” of the Company (or any affiliate) means and includes confidential and/or proprietary information and/or trade secrets of the Company and its affiliates and subsidiaries that have been and/or will be developed or used and that cannot be obtained readily by third parties from outside sources. Confidential Information includes, but is not limited to, the following: information regarding customers, employees, contractors and the industry not generally known to the public: strategies, methods, books, records and documents; technical information concerning products, equipment, services and processes; procurement procedures, pricing and pricing techniques; information concerning past, current and prospective customers, investors and business affiliates (such as contact name, service provided, pricing, type and amount of services used, financial data and/or other such information); pricing strategies and price curves; positions; plans or strategies for expansion or acquisitions; budgets; research; financial and sales data; trading methodologies and terms; communications information; evaluations, opinions and interpretations of information and data; marketing and merchandising techniques; electronic databases; models; specifications; computer programs; contracts; bids or proposals; technologies and methods; training methods and processes; organizational structure; personnel information; payments or rates paid to consultants or other service providers; and other such confidential or proprietary information.
5. CONTACTING US