Terms of Use
Acceptance of these Terms
Welcome to nationalpoolcontractors.com. Nationalpoolcontractors.com is an online platform dedicated to outdoor renovation and design. We bring together homeowners, home professionals, swimming pool contractors, outdoor living and renovation specialists and other related industry professionals. Through nationalpoolcontractors.com, people can find swimming pool contractors and other outdoor living professionals, design ideas, advice, information, products and services related to outdoor living and design.
These Terms of Use (the "Terms" or the "Agreement") set forth the binding legal agreement between you and Funnel Social, LLC. The Agreement governs your use of nationalpoolcontractors.com and all of the related mobile apps, products, services, and websites, including swimmingpoolquotes.com, offered by Funnel Social, LLC (the “Platform,” “Funnel Social, LLC,” “Funnel Social,” “nationalpoolcontractors.com,” “swimmingpoolquotes.com,” “National Pool Contractors,” “Swimming Pool Quotes,” “NPC,” “SPQ,” “us,” “we,” or “our”).
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, its directors, officers, employees, and agents.
If you are a service member, you understand and authorize Funnel Social, LLC to use your information to obtain proof of insurance, license, background checks and business credit checks, when applicable, from its vendors throughout the use of the service.
The Terms also cover your agreement to grant us rights to your content, our limitation of liability to you and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law.
We encourage you to review this Agreement carefully. By accessing or using the Platform in any way, including browsing nationalpoolcontractors.com and swimmingpoolquotes.com, you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not use the Platform.
Modification of Terms
Funnel Social, LLC 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. Funnel Social, LLC will notify you of changes by posting on the Platform and/or sending you a message. If you do not agree, you may close your account and no longer access or use the Platform.
Key Terms
"Collective Content" means User Content and Funnel Social, LLC Content together.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on third parties, including social networking sites, or through the Platform.
"Customer Member" means a Member who requests to receive quotes for Pro Services or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Pro Services.
"Member" means a person or entity who signs up for Funnel Social, LLC's services, completes our forms, an account registration process, or a person or entity who submits or receives a request through or by way of the Funnel Social, LLC Platform. Members include but are not limited to Service Members and Customer Members. Members agree to receive notifications such as emails, calls, and text communication.
"Platform" means all Funnel Social, LLC websites and affiliates, mobile or other applications, software, processes and any other services provided by or through Funnel Social, LLC.
"Pro Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through or by way of the Platform.
"Service Member" or “Network Member” means a Member who is registered to send quotes for Pro Services, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services.
"Funnel Social, LLC Content" means all Content Funnel Social, LLC makes available on or through the Platform and third parties, including social networking sites, and any Content licensed from a third party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member, on behalf of any Member, or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Funnel Social, LLC Content and Feedback.
Using the Platform
Eligibility
Access to and use of the Platform is available only to individuals who are at least the age of majority in the state where you live and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
Service Member Representations and Warranties
By registering or using the Platform to offer, post, or provide Pro Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing. Service Members otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, in their use of the Platform and any personal information obtained from the Platform.
Funnel Social, LLC is not in the business of providing Pro Services. Service Members understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Funnel Social, LLC Platform to access or connect with persons interested in receiving Pro Services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Pro Services. For example, Customer Members may use the Platform to intentionally interact with Service Members regarding Pro Services. Service Members understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services.
Service Members agree that they are customers of Funnel Social, LLC, and are not Funnel Social, LLC employees, joint venturers, partners, or agents. All Service Members or Network Members are considered to have an Account with Funnel Social, LLC and are subject to Funnel Social, LLC customer Terms (https://www.funnelsocial.com/terms-conditions).
Service Members acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. Funnel Social, LLC does not control, and has no right to control, the services a Service Member provides (including how the Service Member provides such services) if the Service Member is engaged by a Customer Member or any other person, except as specifically noted herein.
Funnel Social, LLC, as permitted by applicable laws, may obtain reports regarding Service Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Member’s
account based on the results of such a check. As a Service Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Funnel Social, LLC’s vendors.
Service Member Profiles, Registration, and other Submissions
Users may access the Platform without registering for an account.
To access and participate in certain features of the Platform, Service Members must register with us to sign up for our services, and to create a profile on our Platform. If you register with Funnel Social, LLC, you agree to provide us with accurate information and update it as needed for accuracy. Your account is nontransferable.
As a Service Member, you give us the right to list your Professional Profile or provide your company’s information in our directory of service providers, and you will be able to connect with others via our Platform while identified by your professional profile.
To receive complimentary estimates from Service Members, Customer Members must complete a form on the Platform. If Customer Members complete our form requesting more information on a home project, like complimentary estimates and designs, you agree to provide us with accurate information. We will treat the personal information you provide in the submission process in accordance with our Privacy Policy.
All Members agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete.
Acceptable Use Policy
As a user of the Funnel Social, LLC Platform, you may not:
Use the information, services or any other part of the Funnel Social, LLC Platform to take any actions that are contrary to Funnel Social, LLC and its affiliates’ public image, goodwill or reputation.
Promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking.
Infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
Express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance.
Violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability.
Use the information, services or any other part of the Funnel Social, LLC Platform to take any actions that are libelous, defamatory, threatening, harassing, abusive, tortious, pornographic or obscene; hateful or discriminatory based on factors such as race, religion, gender, sexual orientation, national origin and other legally protected characteristics.
Transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
Restrict or inhibit any other visitor from using the Funnel Social, LLC Platform, including, without limitation, by means of "hacking" or defacing any portion of the Funnel Social, LLC Platform.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Funnel Social, LLC Platform.
Remove any copyright, trademark, or other proprietary rights notices contained in the Funnel Social, LLC Platform.
Sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Funnel Social, LLC Platform, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
"Frame" or "mirror" any part of the Funnel Social, LLC Platform without our prior written authorization.
Distribute any virus, worm or other similar or deleterious files, scripts or programming routines.
Interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of the Funnel Social, LLC Platform or its licensors or suppliers.
Involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent applicable, foreign law or to publish or distribute content that is not related to outdoor and home remodeling, construction or design.
Use any automated system including but not limited to robots, spiders, site search/retrieval applications, or other manual or automatic devices or processes to retrieve, index, "data mine," crawl or scrape the Funnel Social, LLC Platform or in any way reproduce or circumvent the navigational structure or presentation of the Funnel Social, LLC Platform or its contents, authentication and security measures.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission.
Execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Funnel Social, LLC Platform's servers or any data not intended for you.
Harvest or collect information about any Funnel Social, LLC Platform visitors or members without their express consent; and/or contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.
Use another person's Account, misrepresent yourself or Pro Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request or provided.
In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, for use on a mirrored, competitive, or third-party site.
As a Service Member, use the Platform in any manner that circumvents your obligation to pay Funnel Social, LLC for access to services provided by the Platform.
As a Service Member, notwithstanding anything to the contrary contained in these Terms, “sell” any personally identifiable data (as that term is defined by the California Consumer Privacy Act), including but not limited to information related to Customer Members.
Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, or use the information provided from 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 Customer Members for employment or any other use not specifically intended by the Platform.
Advertise or solicit a Pro Service not related to or appropriate for the Platform including, but not limited to any Pro 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 Funnel Social, LLC; (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) offers a Pro Service not reasonably available to a Customer Member or other individual in that Customer Member or individual’s location.
Engage in fraudulent conduct including but not limited to offering services you do not perform, offering to take money as a down payment for a service you cannot begin in a reasonable time frame. Fail to perform Pro Services purchased from you as promised, unless the Customer Member or other individual fails to materially meet the terms of the mutually agreed-upon agreement for the Pro Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Members or other individual’s identity.
Sign up for, use, or otherwise solicit a Pro Service with no intention of connecting with a Network Member for a complimentary estimate and/or design.
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
Attempt to indirectly undertake any of the foregoing.
Termination
You may cancel your account at any time by emailing pause@funnelsocial.com. Cancellation of Service is effective immediately. We cannot guarantee a prompt reply or cancellation of your service if you choose to cancel your service using another email. We may permanently or temporarily suspend your use of the Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Funnel Social, LLC policy (including Acceptable Use, above). Upon termination of your use of the Platform, certain provisions may survive termination, as detailed in the Miscellaneous section (below) of the Funnel Social, LLC terms.
Feedback
We welcome your feedback and suggestions about how to improve the Platform. Feel free to submit feedback at https://www.funnelsocial.com/customer-support. By submitting feedback in this or in any other manner to us, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
Your License To Use The Platform
Subject to your compliance with these Terms, Funnel Social, LLC grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. 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 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 Funnel Social, LLC or its licensors, except for the licenses and rights expressly granted in these Terms.
Except as expressly agreed to otherwise by us (such as your eligibility for creation of a Professional Profile or your entering into a vendor, seller, advertiser, Site Designer, or other agreement with us), your use of the Funnel Social, LLC Platform must be limited to personal non-commercial use.
The Funnel Social, LLC Platform enables access to third-party content, products, and services, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the Funnel Social, LLC Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Funnel Social, LLC Platform by anyone.
Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Collective Content and Materials without our express written permission. Funnel Social, LLC's permission to you for your use of the Funnel Social, LLC Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Funnel Social, LLC Platform. You may view and print a reasonable number of copies of web pages located on the Funnel Social, LLC Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Funnel Social, LLC.
Third-Party Services
You may be provided the opportunity on the Funnel Social, LLC Platform to purchase services that are offered by third parties (collectively "Third-Party Services"), including those offered by Service Pros. The availability of any Third-Party Services on the Funnel Social, LLC Platform does not imply our endorsement of the Third-Party Services.
The Funnel Social, LLC Platform may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.
User Content
We may, in our sole discretion, post, upload, publish, submit or transmit User Content provided by Service Pros or granted permission by Service Pros. By making available any User Content on or through the Platform, including registering for services (establishing an Account) provided on the Platform, you hereby grant to Funnel Social, LLC and our affiliates a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid up 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 the Platform or Pro Services, or for any other purpose in our sole discretion, without any compensation to you or others.
If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law.
We will use reasonable efforts to maintain the attribution of photos submitted or granted permission by Service Pros. In the interest of clarity, the license granted to Funnel Social, LLC shall survive termination of the Platform or your Account. Funnel Social, LLC 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 submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree 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 Funnel Social, LLC 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 Funnel Social, LLC's use of your 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 accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
While it has no obligation to do so, you agree that Funnel Social, LLC may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
Funnel Social, LLC 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.
Payment
In connection with the use of Funnel Social, LLC's Platform, Funnel Social, LLC charges a subscription for Pro Services and may offer additional services for additional fees.
Service Members pay Funnel Social, LLC on a regularly, ongoing basis in a prepaid subscription in order to receive certain services on the Platform, including but not limited to being matched with and receiving Customer Member or other individual contacts. As a Service Member, Funnel Social, LLC will automatically charge your stored payment method when we connect you to those Customer Members or other individuals. Fees for additional products or services, including ongoing products or services, will be presented to you before you begin to use such products or services. In order to use Funnel Social LLC, you must have at least one valid payment method stored on file. Except as otherwise described herein, all sales on Funnel Social LLC are final and non-refundable.
Default Payment Method
For ordinary charges of Service Members, Funnel Social, LLC will first attempt to charge the default payment method. In the event that Funnel Social, LLC is unable to charge that payment method for any reason--including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect--you agree that Funnel Social, LLC may charge any other payment method associated with your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Pro Services. If Funnel Social, LLC is unable to charge the default payment method, Funnel Social, LLC will attempt to charge any other payment methods associated with your Account in the order in which they were most recently provided, used, or updated on the Platform, charging the most recently provided, used, or updated valid payment method first.
You agree to pay all applicable charges based on the billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to the payment method designated at the time you accrue a payment due. If you do not pay on time or if Funnel Social, LLC cannot charge a payment method for any reason, Funnel Social, LLC reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any payment due is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.
You explicitly agree that all communication in relation to delinquent accounts or charges due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. Such communication may be made by Funnel Social, LLC or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Funnel Social, LLC may charge such unpaid balance to any payment method or otherwise bill you for such unpaid balance.
Sponsored Information
Funnel Social, LLC may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Service Members may compensate Funnel Social, LLC to “Promote” themselves on the Platform and appear more prominent. Any such Service Members will be clearly designated in applicable search results as “Promoted” or with a similar designation. Funnel Social, LLC may impose certain quality-related standards for Service Members to qualify as “Promoted”, which standards may be enforced and/or changed at any time.
Funnel Social, LLC Promotions
You may receive certain offers from Funnel Social, LLC (“Promotions”), including but not limited to discounted or free use of the Platform for a limited period. Any Promotions are offered at Funnel Social, LLC’s discretion, and may be revoked at any time and for any reason.
You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Funnel Social, LLC offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Funnel Social, LLC. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Members, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services.
Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Funnel Social, LLC may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.
Disclaimers and Limitations
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF FUNNEL SOCIAL, LLC ENTITIES TO YOU.
The Funnel Social, LLC Entities means any subsidiaries, affiliates, related companies, suppliers, licensors, and partners. Each provision below applies to the maximum extent permitted under applicable law:
We are providing you the Funnel Social, LLC Platform, services, information, products, product descriptions, and Third-Party content on an "as is" and "as available" basis, without warranty of any kind, express or implied. Your use of the Platform, Pro Services, or Collective Content shall be solely at your own risk.
Without limiting the foregoing, the Funnel Social, LLC Entities expressly disclaim any and all warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or usage or in trade.
Any warranties, representations, or guarantees in connection with this Platform or the Pro 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 the Platform, including without limitation all Collective Content. Funnel Social, LLC makes no warranty that the Platform or Pro Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Funnel Social, LLC 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. Funnel Social, LLC shall not be liable for any defamatory, offensive, or illegal conduct of any 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 Funnel Social, LLC 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 Funnel Social, LLC does not make any attempt to verify the statements of users of the platform or to review or vet any Pro Services. Funnel Social, LLC makes no representations or warranties as to the conduct of Users of the Platform or their compatibility with any current or future Users of the Platform. You agree to take reasonable precautions in all communications and interactions with other 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 Pro Services. Funnel Social, LLC explicitly disclaims all liability for any act or omission of any Users or Third Parties.
Funnel Social, LLC and the Platform make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for: (A) content posted by any Third-Party on the Funnel Social, LLC Platform, (B) the product descriptions or products, (C) Third-Party sites and any Third-Party product or service listed on or accessible to you through the site, (D) the quality or conduct of any Third-Party you encounter in connection with your use of the site.
You acknowledge and agree that Funnel Social, LLC does not have an obligation, but reserves the right for any reason, to (A) monitor or review user content; or (B) for any permissible purpose, conduct identity verification, background (including criminal background) or registered sex offender checks on any member, including but not limited to service members and customer members.
You acknowledge and agree that Funnel Social, LLC Entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that the Funnel Social, LLC Entities specifically will not be liable for (A) any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if the Funnel Social, LLC Entities have been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, the Funnel Social, LLC Platform or products or (B) any amount, in the aggregate, in excess of the greater of (i) one-hundred dollars (USD$100) or (ii) the amounts paid or payable by you to Funnel Social, LLC in connection with the Funnel Social, LLC Platform in the twelve (12) month period preceding the applicable claim. Your use of the Funnel Social, LLC platform, products, information, or services is at your sole risk.
Communications
You are not required to agree to receive promotional emails, text messages, calls or pre-recorded messages as a condition of using the Platform. By electing to submit your phone number or email to us and agreeing to these Terms, you agree to receive communications from the Funnel Social, LLC Entities, Customer Members, Service Members, or other individuals, including emails, text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems.
These communications may include, for example, operational communications concerning your Account or use of the Platform, updates concerning new and existing features on the Platform, communications concerning promotions run by us or Third Parties, and news relating to the Funnel Social Entities and industry developments.
Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from the Funnel Social, LLC Entities, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from the Funnel Social, LLC Entities.
If you wish to stop receiving promotional emails or promotional text messages email customerservice@FunnelSocial.com with "Unsubscribe" in the subject line.
Indemnification and Release
You agree to release, defend, indemnify, and hold Funnel Social, LLC 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 violation of these Terms; (B) your User Content; (C) your interaction with any Member or user; and (D) the request or receipt or offer or provision of Pro 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 Pro Services.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Funnel Social, LLC and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Dispute Resolution
Most disputes can be resolved without resort to litigation. You can reach Funnel Social, LLC's support department at customerservice@funnelsocial.com. Parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Funnel Social, LLC support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that relates to the Funnel Social, LLC Platform or involves our services.
Binding Arbitration
You and Funnel Social, LLC agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Funnel Social, LLC Platform (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Funnel Social, LLC both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Funnel Social, LLC in "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
Where the relief sought is $10,000 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
Class Action Waiver
You and Funnel Social, LLC agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Funnel Social, LLC both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Funnel Social, LLC agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.
Arbitration Administration and Rules
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (if you use the Funnel Social, LLC Platform as a consumer) or Commercial Arbitration Rules (if you are a professional, vendor, seller or other business), as applicable and then in effect (the "AAA Rules"), except as modified by this "Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org).
Arbitration Process
A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure
The seat of the arbitration shall be in Saint Louis, Missouri, unless you and Funnel Social, LLC agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Funnel Social, LLC submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
Arbitrator's Decision and Governing Law
The arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimers and Limitations of Liability" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.
Fees
Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.
Opt-Out
You have the right to opt out of the arbitration provisions by sending a written notice of your decision to opt out to the following address: 6642 Clayton Road #135 Richmond Heights Missouri 63117 USA Attention: Dispute Resolution Opt-Out. The notice must be postmarked within 30 days of the later of: (i) the date that you first agreed to the Terms; and (ii) the date that you became subject to this provision. You must include all of the following in the written notice: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of this Agreement’s arbitration agreement.
Third-Party Beneficiary
You and Funnel Social, LLC acknowledge that any third party consumer reporting agency that Funnel Social, LLC uses to perform background checks on Service Members is an express and intended third party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Funnel Social, LLC will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection shall be severed from the section entitled “Dispute Resolution” and the remainder of the section shall remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and Funnel Social, LLC through binding arbitration remains enforceable.
Disputes Between or Among Users
If you have a dispute with another User on the Funnel Social, LLC Platform or with any third party, you agree that Funnel Social, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Funnel Social, LLC , its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Funnel Social, LLC Platform. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
Intellectual Property Rights
All trademarks, service marks, logos, trade names and any other proprietary designations of Funnel Social, LLC used herein are trademarks or registered trademarks of Funnel Social, LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Copyright Policy
We Expect Users To Respect Copyright Law. In Appropriate Circumstances We Will Terminate The Account Of Any User Who Repeatedly Infringes Or Is Believed To Be Repeatedly Infringing The Rights Of Copyright Holders.
No Endorsement
Funnel Social, LLC does not endorse any Member, user, or any Pro Services, and Funnel Social, LLC is not a party to any agreements between or among users, Members, or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Funnel Social, LLC 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. Members are required by these Terms to provide accurate information, and although Funnel Social, LLC may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Funnel Social, LLC services they are using or any involvement by Funnel Social, LLC personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or “featured,” "badged," "best of," "top," "background checked" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Funnel Social, LLC and is not verification of their identity and whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others 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 other user. Funnel Social, LLC offers a non-exhaustive list of safety tips to consider when hiring a Service Member. Except as specifically described in the Funnel Social, LLC Guarantee and including its exclusions and limitations, Funnel Social, LLC has no responsibility for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Funnel Social, LLC. 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 or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Funnel Social, LLC with respect to such actions or omissions.
Sanctions For Violations Of These Terms
Without limiting any other rights reserved herein, Funnel Social, LLC 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 Funnel Social, LLC, including but not limited to removing User Content posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, notifying other Members of the termination of your Account and/or the violation of these Terms, 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.
Account Suspension Or Termination
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Funnel Social, LLC Account in whole or in part. 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 Funnel Social, LLC support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Pro Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by emailing pause@funnelsocial.com. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
General
Force Majeure
Other than payment obligations, neither Funnel Social, LLC 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.
Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Funnel Social, LLC on the Platform, shall constitute the entire agreement between you and Funnel Social, LLC concerning the Platform or Pro 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 these Terms shall be deemed a further or continuing waiver of such term or any other term, and Funnel Social, LLC'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 Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
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 customerservice@funnelsocial.com, or by writing to Funnel Social, Inc., 6642 Clayton Road #135 Richmond Heights MO 63117
Miscellaneous
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Funnel Social, LLC Platform are entitled to the following specific consumer rights notice: The services are provided by Funnel Social, Inc., 6642 Clayton Road #135 Richmond Heights MO 63117. If you have a question or complaint regarding the Service, please contact Funnel Social, LLC at customerservice@funnelsocial.com or by writing to our mailing address. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.
Supplemental Terms for Certain Services
Certain services offered on the Funnel Social, LLC Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the Funnel Social Shop, or use of applications, each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of this Agreement will control.
Application Provider Terms
If you access theFunnel Social, LLC Platform through a Funnel Social, LLC application, you acknowledge that this Agreement is between you and Funnel Social, LLC only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
Controlling Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the State of Missouri and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Saint Louis, Missouri for any actions for which the arbitration provision, as set forth in the Dispute Resolution section, does not apply.
Export
No software for Funnel Social, LLC may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You also represent that you are not (1) located in a country that is subject to a U.S. government embargo, and (2) listed on any U.S. government list of prohibited or restricted parties.
Changes
We reserve the right to:
Change the terms of this Agreement, consistent with applicable law;
Change the Funnel Social, LLC Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
Deny or terminate your Funnel Social, LLC account, or use of and access to the Funnel Social, LLC Platform.
If we make material changes to the Terms, we will notify you through the Funnel Social, LLC Platform, by email, or by other means, to offer you an opportunity to review the changes before they become effective. You agree that your continued use of the Funnel Social, LLC Platform after such changes become effective constitutes your acceptance of the changes. If you do not agree with any updates to this Agreement, you may not continue to use the Funnel Social, LLC Platform. Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms of Use. Any changes to the Terms will be effective on a going forward basis.
Languages
The English version of this Agreement will be the binding version and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English, even if we choose to provide translations of this Agreement into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.
Assignment
No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Funnel Social, LLC's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Funnel Social, LLC may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
Waiver
Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Headings
Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Entire Agreement and Severability
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Funnel Social, LLC Platform and constitutes the entire agreement between you and us regarding the Funnel Social, LLC Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
Survival
The following sections will survive expiration or termination of this Agreement: User Content, Disclaimers, Indemnification and Release, Dispute Resolution, General, and Miscellaneous.
Contact
If you have any questions about these terms feel free to contact us by visiting https://www.funnelsocial.com/customer-support, emailing us customerservice@funnelsocial.com, or writing us: Funnel Social, LLC, 6642 Clayton Road #135 Richmond Heights Missouri 63117 USA