This agreement describes the terms and conditions applicable to your ("SUBSCRIBER") use of our service herein referred to as ("THE CRM SERVICE"). THE CRM SERVICE is involved with the assisting of contractors (SUNSCRIBER) and homeowners (SERVICE REQUESTER) in their relationships with each other. This User Agreement contains nine (9) sections that describe the terms and conditions under which THE CRM SERVICE, also know as THE CRM SERVICE DBA Renexpro.com, offers you an account for use of the service provided through our web site.
1) Eligible SUBSCRIBERS
By accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement, are a contractor involved in the Home Improvement Industry in USA, and that you will or have accurately completed any SUBSCRIBER information and or requests submitted to us.
2) General Disclaimer
In using THE CRM SERVICE, you acknowledge that THE CRM SERVICE is offered as free service on an as is bases with no guarantees of any kind. Therefore, it is your sole responsibility to keep proper documentation and record keeping. You may want to consult with appropriate expert advisers to assist in your business practices, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding potential business loss and your own insurance coverage requirements.
3) Use of Account - Privacy
Use of Account, In order to protect the SUBSCRIBER and the personal information obtained from the SUBSCRIBER, THE CRM SERVICE will comply with all applicable laws and regulations when using personal information. THE CRM SERVICE recognizes that you have legitimate concerns about privacy. By accepting this Agreement, you expressly consent to the use and disclosure of your personal information as specified in the Privacy Statement contained on Renexpro.com.
You may copy information provided by THE CRM SERVICE for your personal use, but you must retain any copyright notice and other proprietary notice on copied information. You are not permitted to reproduce, distribute, transmit, publish, or commercially exploit any information provided by THE CRM SERVICE without the appropriate permission of the copyright owner. This prohibition precludes emailing, faxing, posting to any bulletin board, storage in a database accessible to persons other than yourself or otherwise making information available electronically or in any other form.
4) Changes to the Service or Terms
THE CRM SERVICE may from time to time without notice change, add, or remove certain features of our service or change the terms of this Agreement. If you are dissatisfied with any such changes to the service or this Agreement, you may immediately cancel your Account by contacting THE CRM SERVICE
5) Disclaimer of All Warranties / Waiver of Rights
You understand that THE CRM SERVICE has no control over any Third Party services. THE CRM SERVICE. and its suppliers make no warranty that the service or the Third Party services will meet your requirements or that use of the service or the Third Party services will be uninterrupted, timely, secure, or error-free; nor does THE CRM SERVICE or its suppliers make any warranty as to the results that may be obtained from use of the service or the Third Party services, or the accuracy or reliability of any information obtained through the service or the Third Party services, or that any defects in the service or the Third Party services will be corrected. THE CRM SERVICE and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the service or the Third Party services. Any material or data obtained through use of the service or Third Party services must be used at your own discretion and risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law. THE CRM SERVICE does not guarantee the quality or fitness of any work performed by any SERVICE REQUESTERS.
6) Limitations of THE CRM SERVICE Liability Release
THE CRM SERVICE and its suppliers will not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account. THE CRM SERVICE’S total cumulative liability to you and anyone who uses the service or the Third Party services through your account, for any and all claims under any theory of law (including negligence), will not exceed $1,000 or the aggregate amount you paid to THE CRM SERVICE in the preceding 12 months, whichever is greater. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting THE CRM SERVICE'S liability beyond what is permissible under applicable law. You agree not to hold THE CRM SERVICE responsible for any damages or other liabilities arising from work performed by a SUBCRIBER because THE CRM SERVICE is not and cannot be involved in your dealings with SERVICE REQUESTERS or control whether or not SERVICE REQUESTERS will complete any work as agreed, in the event that you have a dispute with one or more SERVICE REQUESTERS, you release THE CRM SERVICE (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. To the extent applicable, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
7) Termination of Account
You may terminate your account, this Agreement, and your right to use the service, at any time and for any reason or no reason, by contacting THE CRM SERVICE Project Services team at email@example.com. Notifying THE CRM SERVICE in any other way of your desire to terminate your account may result in delays in processing your request. THE CRM SERVICE reserves the right to immediately suspend or terminate your account at its sole discretion. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of any the fee-based services before termination. Sections 2, 5, 8, and 9 will remain in effect notwithstanding the termination of your account or this Agreement.
You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in San Mateo County, California, through (i) Better Business Bureau Binding Arbitration for claims less than or equal to $2,500 or (ii) Judicial Arbitration and Mediation Services/Endispute ("JAMS") for claims more than $2,500, under then-existing BBB or JAMS arbitration rules and procedures. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof.
THE CRM SERVICE, the SERVICE REQUESTERS, and any Marketing Partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of the state of California, in the same manner and to the same extent that such laws apply to agreements between California residents performed entirely within California. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by THE CRM SERVICE or its representatives or resellers.