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Please read carefully. This User Agreement describes the terms and conditions under which the Preferred Contractor Network offers the services provided through our web site. When you conduct a search you will have acknowledged that you have read it, understand it, and agree to be bound by it.
The Preferred Contractor Network Terms and Conditions of Use This Agreement sets forth the terms and conditions ("Terms and Conditions of Use") applicable to you (the "User") in your use of the PCN web site ("Site") and all correspondence and communications with us regarding your home improvement project, correspondence and communication with any contractor (each a "Service Provider") who received the lead for your home improvement or repair project from the Web Site and estimates for home improvement projects or repairs, answers to questions regarding home improvement projects, and scheduling maintenance and small repairs. By use of the FEPCN, you automatically agree to and are hereby bound by the Terms and Conditions of Use. 1. Eligible Users The PCN Web Site is open for use by any interested party. 2. Agency Service Providers informed of your home improvement project through the Web Site are independent contractors and no relationship to PCN shall be construed to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship. 3. No Duty. By use of The Web Site, you acknowledge and agree that we are not acting as an agent or advisor for any Service Provider identified through the Web Site. We take reasonable efforts to screen Service Providers for participation in the Web Site, but we make no representations, warranties or guaranties regarding any Service Provider. Therefore, it is your sole responsibility to conduct your own evaluation of each Service Provider, to select a Service Provider that suits your needs and to negotiate the terms for any work to be performed by the Service Provider you select. You undertake the engagement of a Service Provider at your own risk. You may elect to consult with expert advisors of your choosing to assist in evaluating aspects of your home improvement project, including but not limited to an attorney of your choosing regarding contracts, permits, and other issues, a tax advisor, and an insurance professional regarding risk analysis and coverage . The Web Site does not: (i) endorse or recommend any specific Service Provider; (ii) provide advice on selection of any Service Provider; (iii) warrant or guarantee the quality of any of the work a Service Provider provides to a User; (iv) make any representations or warranties regarding the qualifications of a Service Provider for a specific home improvement project or repairs. PCN expressly denies the existence of and disclaims any duty, obligation or liability regarding any action or inaction of a contractor. 4. Denial and Disclaimer You acknowledge and agree that use of the Web Site is free of charge by FEPCN and that use thereof is provided on an "AS IS" basis without any recourse whatsoever against PCN. PCN hereby makes no representations or warranties of any kind, express or implied, as to any Service Provider, the quality of work provided by such Service Provider or the accuracy or completeness of any information provided to you through the Web Site. As a User you expressly agree that any use of information available through the The Web Site is for your personal use and such information will be utilized at your own risk. 5. Limitations of PCN's Liability and Release PCN will not be liable for damages of any nature arising from or relating to your use of the The Web Site or use thereof by anyone else for the worked performed or otherwise. You agree not to hold PCN responsible for any damages or other liabilities arising from work performed by any Service Provider. PCN does not undertake any responsibility or obligation in your negotiations with or engagement of any Service Provider and exerts no control over the performance by any Service Provider for work you may contract. In the event that you have a dispute or controversy with any Service Provider, you release and discharge FEPCN, its subsidiaries, affiliates, officers, directors, 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 your negotiations with or engagement of any Service Provider. 6. Indemnity. You agree to indemnify and hold PCN, its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Web Site. 7. Choice of Law. The Web Site is controlled by PCN from its offices within the State of Ohio. It can be accessed from all 50 states and other countries around the world. Because each of these places has laws that may differ from those of Ohio, by accessing the Web Site or by use of the Web Site, both you and FEPCN agree that all matters related to your use of the Web Site shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to the principles of conflicts of laws, as if performance was entirely within the State of Ohio. For any claim or controversy related to your use of the Web Site, you and FEPCN agree to the alternate dispute resolution procedure of mediation to be held in Columbus, Ohio in accordance with the Commercial Mediation Rules of the American Arbitration Association followed, if necessary, by binding, non-appealable arbitration administered in Columbus, Ohio. In the event the parties must resolve a claim or controversy by arbitration then such arbitration proceeding shall be before a panel of three (3) arbitrators agreeable to both parties under the then current commercial rules of the American Arbitration Association. If the parties cannot agree on the arbitrators within sixty (60) days after a demand for arbitration has been requested in writing by either of them, then arbitration shall proceed before three (3) arbitrators appointed by the American Arbitration Association under its then current commercial rules. 8. Privacy Policy. Refer to our Privacy Program set forth on our Web Site. 9. Use of Account In order to protect you and others, you and other User(s) must comply with all applicable laws and regulations when using FEPCN's service and must not use our service to impersonate or harass any other person. You may copy information provided by FEPCN 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 FEPCN 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. 10. COPYRIGHT/TRADEMARKS The trademarks, logos and service marks ("Marks") displayed on the Web Site are the property of PCN, FEPCN and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of FEPCN or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. 11. USE OF COOKIES FEPCN reserves the right to store information on a User's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect Users' preferences. 12. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO FEPCN REGARDING ALLEGED COPYRIGHT INFRINGEMENT FEPCN has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. FEPCN reserves the right to remove any Content on the Web Site which allegedly infringes another person's copyright. Notices to FEPCN regarding any alleged copyright infringement on the Web Site should be directed to FEPCN' General Counsel's Office Attn.: Technology Counsel at council@fepcn.com.