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User Terms & Conditions

 
 

NEITHER NBC PALM SPRINGS OR PURE-COMMUNITY SYSTEMS ENDORSE ANY OF THE VENDORS OR SERVICE PROVIDERS CONTAINED WITHIN THIS DIRECTORY IN WHOLE OR IN PART. WE STRONGLY RECOMMEND YOU ASK FOR A VALID BUSINESS LICENSE, INSURANCE, AND BOND, PRIOR TO ANY SERVICES BEING PERFORMED, AND ENCOURAGE ALL CONSUMERS TO RESEARCH POTENTIAL VENDORS AND SERVICE PROVIDERS PRIOR TO CONTRACTING.

Your Electronic Acceptance is contractually binding and your indication of your assent to the terms, whether express (i.e., clicking the “AGREE AND ENTER” button) or implicit (i.e., the use of any Product or Service) constitutes your agreement to these Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.

By accessing or using any part of the services, you agree that you have read, understood and agreed to be bound by the term of service, which contains waiver of rights and liability limitations. If you do not agree to be so bound, you may not access or use any service. Unless otherwise expressly stated, pure community systems disclaims any and all warranties whether provided by pcs, the community organization, hoa, community management, or community representative, its affiliates, or its respective employees and agents.

By the use of this website it is acknowledged that PUREDMS Inc., dba PURE COMMUNITY SYSTEMS (herein after referred to as “PCS”), provides a public online marketplace directory of vendors, service providers and products (herein referred to as “VSP”). A user is defined as any person or party entering the Pure Community Directory (hereinafter referred to as “USER”). The Services may provide paid listings, advertisements or other sponsored information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.

The USER and PCS are independent of one another, and no agency, partnership, joint venture, employee-employer relationship is intended or created by agreement to these terms and conditions.

It is understood that while the community directory prepared by PCS acts as a mere passive conduit between the user and the VSP included in the directory, PCS in no way endorses the solution VSP’s in the directory are offering and in no way is responsible or liable for the accuracy of the content of any VSP representations contained within the directory including data, advertising, products, goods or services. Under no circumstances does PCS endorse and/or have any other connection with the VSPs that advertise with us.

It is further acknowledged that PCS has no duty or obligation to investigate the accuracy of VSP representations contained in the directory or the quality of the work the VSP is capable of performing.

PCS shall not be liable or responsible for any errors or omissions submitted by the VSP and contained within the directory. While PCS has been assured that all information submitted by its VSP and included in its directory is true, complete and accurate in all respects, and while PCS does its best to ensure the vendor’s qualifications included in its directory are correct, PCS cannot guarantee the ongoing accuracy of vendor profiles. It is recommended that those using this organization’s directory conduct their own independent research to determine a VSP’s abilities and qualifications before hiring or purchasing the VSP.

PCS has further been assured by those VSPs included in this organization’s directory that they have the right to include said data and information in the directory. It is further understood that by using the services of a VSP appearing in this organization’s directory that PCS in no way guarantees the success of any VSP’s services, the outcome of the particular job, or the quality of the workmanship. Each VSP contained in the directory has agreed with PCS that any business generated between the VSP and USER using PCS directory is exclusively between the VSP and its customer. A customer is defined as a USER who hires a VSP to perform services. There shall be no liability for the mere access to a VSP through the use of the directory prepared by PCS.

Furthermore, PCS shall bear no liability for any VSP’s negligence or gross negligence in the provision of the services for which it was hired. Those using the directory hereby agree to release PCS from any liability associated with respect to any services or representations provided by a vendor and they have agreed to indemnify and hold PCS from and against any suits, actions, liabilities, damages, awards, claims and/or demands brought by a VSP’s customer. Also, it is understood that by using this community’s directory and by hiring a VSP contained within the directory, the USER is entering the VSP agreement at its own risk with no liability to the Organization or to PCS. The “Organization” is hereby defined as any entity that a PCS website is accessed through.

PCS may, in its sole discretion, conduct a criminal background checks on any VSP. By having background checks conducted, PCS in no way waives any disclaimer or limitation of liability, including without limitation, warranty disclaimers, or limitations of liability as set forth in this agreement.

PCS acknowledges and understands that USERS who have been served by VSP’s through the use of the directory may on occasion be dissatisfied with the results of the work performed and therefore could subscribe to a service that provides reviews and/or ratings on VSP companies. Under no circumstances shall PCS be liable in any way for a community member’s, or third party's

dissatisfaction with the work performed by a vendor or any VSP through the use of the directory.

1. Your reviews and ratings must be based upon your current and actual first-hand experience with the VSP found on the PCS directory

2. Your reviews and ratings of the VSP that you are rating are not fake, or defamatory;

3. Your reviews must be in the English language;

4. You agree that you do not work for the VSP or are the owner of the VSP or are related to the VSP.

You alone are responsible for your reviews, and once published, it cannot be withdrawn. PCS may redact, delete, or reject your reviews if they do not conform with the terms and conditions of this agreement. You assume all risks associated with your reviews, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your review that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your review is in any way sponsored or endorsed by PCS or its affiliates.

Furthermore, it is expressly understood that if a User is dissatisfied with the results of work or services provided by a VSP contained in the directory and seeks to convey that dissatisfaction via the internet or public service company, you may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, defamatory; violates any third-party right, violates any law, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

PCS reserves the right, but not the obligation, to refuse to post or remove any USER Generated Content in our sole and absolute discretion.

CONFLICT RESOLUTION PROCESS

If you have any dispute with PCS, or any VSP, or third party, arising out of, relating to, or connected with the PCS Services or VSP Services, you agree to contact PCS; provide a brief written description of the dispute and your contact information.

In the case of complaints that involve health care providers, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the VSP to discuss the issue with us.

You agree that, by contacting PCS with a dispute and if PCS attempts to resolve informally, PCS does not waive any of its disclaimers or limitations of liability, including without limitation Warranty Disclaimers, as set forth in this agreement.

CONTENT LICENSE

PCS does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials. If you submit or generate content, you must comply with the terms and conditions of this agreement. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the VSP Services, you grant PCS (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.

PUBLICATION OF CONTENT

PCS may provide access to third party content, such as user-generated reviews, other content submitted by users of the VSP Services, and links to third-party websites. PCS does not undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other USERS) in connection with the Services; undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. PCS is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. PCS will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that PCS is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.

PCS is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance of VSP or third party content or services. Your dealings with, or participation

in promotions of any VSP, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such VSP exclusively and do not involve PCS, THE COMMUNITY ORGANIZATION, HOA, COMMUNITY MANAGEMENT, OR COMMUNITY REPRESENTATIVE, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging a VSP.

You agree that PCS is not responsible for the accessibility or unavailability of a VSP or for your interactions and dealings with the VSPs, and you waive the right to bring or assert any claim against PCS, THE COMMUNITY ORGANIZATION, HOA, COMMUNITY MANAGEMENT, OR COMMUNITY REPRESENTATIVE, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS relating to any interactions or dealings with any VSP, and release from any and all liability for or relating to any interactions or dealings with the VSP.

HEALTH CARE PROVIDERS

The PCS community directory may contain VSP’s who are Health Care Service Providers. PCS does not recommend or endorse any Health Care Provider VSP contained in the community directory. PCS is not a health care provider and cannot recommend or refer you to any health care provider. You agree that your reliance on any information provided in the PCS directory, is solely at your own risk. If you believe you have a medical emergency, you must call your physician or dial 911 immediately.

TERM AND TERMINATION

You may stop using the PCS Services at any time. PCS may terminate your access to the Services in whole or in part if it reasonably believes you have breached these terms and conditions of this agreement, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. You agree that PCS will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the PCS Services.

MODIFICATION OF TERMS AND CONDITIONS

PCS may periodically modify and supplement these terms and conditions, with or without notice to you. You are responsible for regularly checking these terms and conditions for revisions and can be found on the PCS website www.purecommunitysystems.com. Your continued use of PCS services after such modifications will be deemed to be your definite acceptance of all modifications to this Agreement.

USER FEEDBACK

If you submit ideas, suggestions or anything else about the PCS services (such as ways to improve the PCS services) to PCS, you agree that PCS can use or publish that feedback for any reason, without payment or other compensation to you, forever and to the public at large. You agree not to submit any feedback to PCS in which you do not wish to grant such rights.


Notice under

California Civil Code Section 1789.3

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by PCS., www.purecommuityservices. Should California residents have a complaint, you may also contact the California Department of Consumer Affairs located at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

COPYRIGHT MATERIALS

Using PCS Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the PCS Services, all of which is owned by PCS, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in these terms and conditions, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or PCS.

WARRANTY DISCLAIMER

Pcs provides the services on an “as is” and “as available” basis. Pcs does not represent or warrant that the services, their use, any information provided in connection with the services: (i) will be uninterrupted or secure, (ii) will be free of defects, delays, inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with hardware or software you use. Pcs makes no warranties other than those made expressly in this terms of service, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. Pcs makes no representation or warranty with respect to any third party materials, information, goods, or vsp services, whether received or accessed via any links provided by or in connection with the services or otherwise. Pcs makes no representation or warranty with respect to any goods or services which may be purchased or obtained from pcs or any third party as a result of using the services.

LIMITATION OF LIABILITY

Pcs will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to damage to property, bodily harm, lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring, including without limitation, the cost of any goods or services which may be purchased or obtained as a result of using the vsp services.these limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

Certain state laws do not allow a limitations on implied warranties or the exclusion or limitation of certain damages. As such, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Unless limited or modified by applicable law, the foregoing disclaimers, exclusions and limitations apply, even if any remedy fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify, defend and hold PCS, the community organization, management companies, and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this terms of use or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, PCS may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of PCS.

SEVERABILITY IN EVENT OR PARTIAL INVALIDITY

If any provision of this Agreement is held in whole or in part to be unenforceable for any person, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

The USER expressly understands and agrees that PCS, the communities, management companies, its affiliates, owners, managers, officers, employees, agents, representatives or the likes thereof will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages resulting from: ANY breach of this agreement by PCS; the use or inability to use PCS services; Any matters relating to PCS services, any cost of goods and/or services purchased or obtained as a result of the use of PCS services; ANY disclosure of, unauthorized access to or alteration of your information or vendor content provided to PCS; ANY vendor content conveyed through the services; ANY statements or conduct of any community member or consumer or other third party; or the failure of PCS to provide the services under this agreement; any consumer content posted; ANY other dealings or interactions PCS has with any service provider (or any of their representatives or agents). Violations of these limitations will apply to the greatest extent as permitted by law. The limitation of liability shall apply to the present jurisdiction to which the contract is executed. In certain jurisdiction, however, the foregoing limitations may not apply.

The user expressly acknowledges and agrees that any damages resulting from user’s breach of this Agreement may be difficult to estimate or evaluate, and should it become necessary for PCS to engage in legal action to enforce the Terms and Conditions of this Agreement, the user shall be liable to pay PCS liquidated damages as determined by a court.

The User agrees that PCS shall be entitled to payment from the user for any and all costs which are out-of-pocket, including, but not limited to, attorneys’ fees, incurred by PCS in connection with enforcing these Terms and Conditions and this Agreement or otherwise.

PCS will not be liable for failing to perform under this terms of service because of any event beyond its reasonable control.

GOVERNING LAW

This terms of service and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of California without regard to any provision governing conflicts of law, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Riverside County, California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that PCS may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

PCS at its own discretion, may sell or purchase another other company at any point in time or PCS may be acquired or have substantially all of its assets acquired by a third party. In such transactions, the user information will be one of the transferred business assets. You hereby consent to the transfer of your user information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

PCS will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages resulting from the dissatisfaction of a community member, served by a vendor contained in the directory. A community member, or third party, using the directory agrees to indemnify and hold harmless PCS from any and all liability for any damages that may arise, directly or indirectly, from any claim or right a customer may have against PCS with respect services rendered by a vendor. In addition, it is expressly agreed by this vendor that any disputes regarding statements made by a community member that are critical of the work performed and which are communicated, posted or published on any website or to a third party, are strictly between this vendor and his or her customer. All information, services, products, or other material on this website and contained in the directory are provided “as is” without warranty of any kind. In no event shall PCS, its affiliates, suppliers, and/or its agents be liable for any damages arising out of or in any way related to the use of this website or the directory whether based on contract, tort, strict liability or otherwise.

These Electronic Terms supersede all prior and contemporaneous agreements and understandings between you and PCS relating to the Products or Services.

BY USING THIS WEBSITE OR MOBILE APPLICATION AND ACCEPTING THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES PROVIDED HEREIN.

 

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