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8369 Elk Grove Florin Rd, Suite 103
Sacramento, CA 95829, USA
8369 Elk Grove Florin Rd, Suite 103
Sacramento, CA 95829, USA
These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and The Plumbers Report Card. (”The Plumbers Report Card,” “we,” “our” or “us”) and govern your use of The Plumbers Report Card (Hereafter referred to as TPRC) services, including mobile applications, websites, software, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. By using any of the Services, you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Section 18) and require individual arbitration for any potential legal dispute (see Section 21). You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). You should read all of our terms carefully.
You consent to TPRC Privacy Notice, which explains how we collect, use and protect the personal information you provide to us.
You must open an account with us (a “TPRC Account”) to use the Services. During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your TPRC Account, including for any actions taken by persons to whom you have granted access to the TPRC Account. We reserve the right to change the account type, suspend or terminate the TPRC Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 20) that arose before the changes will be governed by the Terms in place when the Dispute arose.
You agree to TPRC E-Sign Consent. We may provide disclosures and notices required by law and other information about your TPRC Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your TPRC Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact TPRC Support. If we are not able to support your request, you may need to terminate your TPRC Account.
You may not, nor may you permit any third party, directly or indirectly, to:
Export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
Access or monitor any material or information on any TPRC system using any manual process or robot, spider, scraper, or other automated means;
Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from TPRC;
Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
Transfer any rights granted to you under these General Terms;
Use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
Use the Services for any illegal activity or goods or in any way that exposes you, other TPRC users, our partners, or TPRC to harm; or
Otherwise use the Services except as expressly allowed under these Terms.
If we reasonably suspect that your TPRC Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your TPRC Account, and any of your transactions with law enforcement.
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer's software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your TPRC Account or by terminating your TPRC Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with TPRC's or its partners' products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose TPRC, its affiliates or its customers to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. TPRC may also monitor such Content to detect and prevent fraudulent activity or violations of TPRC's General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or TPRC Account or any other breach of security. Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any TPRC Account subject to dispute) will be final and binding on all parties.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a TPRC account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from TPRC by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
TPRC may offer Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your TPRC Account settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by debit card, credit card or linked checking account. If you link a debit, credit card or checking account to your account, you authorize us to collect Paid Service Fees by your linked debit, credit card or your linked checking account. Regardless of payment device, we reserve the right to collect Paid Service Fees, the Balance (as defined in the Payment Terms) in your TPRC Account by your debit, credit card or your linked checking account.
Unless otherwise provided in a Subscription Service's terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your TPRC Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days' advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
We may terminate these General Terms or any Additional Terms, or suspend or terminate your TPRC Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your TPRC Account. You may also terminate the General Terms and Additional Terms applicable to your TPRC Account by deactivating your TPRC Account at any time.
If these General Terms or your TPRC Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: 6 (Your Content), 7 (Intellectual Property Infringement), 12 (Effect of Termination), 14 (Ownership), 15 (Indemnity), 16 (Representations and Warranties), 17 (No Warranties), 18 (Limitation of Liability and Damages), 19 (Third Party Products), 20 (Disputes), 21 (Binding Individual Arbitration), 22 (Governing Law), 23 (Limitation on Time to Initiate a Dispute), 24 (Assignment), 25 (Third Party Service and Links to Other Web Sites), and 26 (Other Provisions).
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.
We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party's access and/or use of the Services with your unique name, password or other appropriate security code.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms.
THE USE OF “TPRC” IN SECTIONS 17 AND 18 MEANS TPRC, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, TPRC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TPRC DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TPRC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. TPRC does not have control of, or liability for, goods or services that are paid for using the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TPRC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, TPRC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL TPRC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR TPRC ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TPRC IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TPRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE END, THE END USER ACCEPTS ANY AND ALL RESPONSIBILTY OF TPRC FOR ANY AND ALL ITEMS MISSED, INCORRECTLY MARKED OR INCORRECTLY IDENTIFIED AREAS BEFORE, DURING AND AFTER THE INSPECTION.
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. TPRC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
“Disputes” are defined as any claim, controversy, or dispute between you and TPRC, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
You and TPRC agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST TPRC. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Sacramento, California, or another mutually agreeable location. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party's claim. An Arbitrator's decision and judgment thereon will not have a precedential or collateral estoppel effect. If the Arbitrator determines that your claims were frivolous, you agree to pay all attorney fees. For purposes of this arbitration provision, references to you and TPRC also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Sacramento, California, or federal court for the Northern District of California.
These General Terms and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
You may be offered services, products and promotions provided by third parties and not by TPRC, including, but not limited to, third party developers who use TPRC's services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not TPRC. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by TPRC. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website's own terms, rules and policies.
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and TPRC regarding the Services. In the event of a conflict between these General Terms and any other TPRC agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
Your use of TPRC Developer Tools, and related materials made available to you is subject to and must comply with these TPRC Developer Terms of Service, TPRC's Privacy Policy and the documentation and guidelines accompanying the Developer Tools.
You may use Developer Tools to access information created or retained in a TPRC account (“Content”) and use TPRC services in connection with the applications, websites, products or services you operate and offer that interact with Developer Tools (your “Service”). You are solely responsible for, and TPRC disclaims all liability for, your Service.
Your use of Developer Tools and Content are subject to certain limitations on access, calls and use as set forth in this Agreement, in the TPRC documentation accompanying such Developer Tools, or as otherwise provided to you by TPRC. If TPRC assigns you developer credentials or client IDs, you must use them with applicable Developer Tools. You will not misrepresent or mask either your identity or your Service's identity when using the Developer Tools or developer accounts. If TPRC believes that you have attempted to exceed or circumvent these limitations, your ability to use Developer Tools and Content may be temporarily or permanently blocked.
You will use Developer Tools and operate Services which access Developer Tools only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy or local laws). You will not use Developer Tools to encourage or promote illegal activity. You will only access the applicable Developer Tools following the implementation instructions and other requirements specified in the documentation for such Developer Tools, or as otherwise provided by TPRC from time to time.
You are fully responsible for the security of data on your site. You will use and access Developer Tools in accordance with the documentation and instructions provided by TPRC.
You provide TPRC with a paid-up, royalty-free, revocable, worldwide, non-exclusive, non-transferable license to use your Services for testing, review or other related purposes to ensure that your Services comply with this Agreement. You may revoke this license at any time by providing written notice to us. If you revoke this license, this Agreement will immediately terminate.
You will not, nor will you permit another party to:
Sell, rent, lease, sublicense, redistribute or syndicate access to Developer Tools or to Content other than your own; or
Create a Service that functions substantially the same as Developer Tools or any TPRC service.
You will not, nor will you permit another party, without the express consent of the TPRC Seller, to:
scrape, build databases or otherwise create permanent copies of such TPRC Seller's Content;
copy, translate, modify, create derivative work of, sell, lease, sublicense, distribute or publicly display any of such TPRC Seller's Content; or
make statements or represent yourself or your Service as an agent of TPRC.
Additionally, you and your Service will clearly identify its purpose to the TPRC Seller and not mislead or deceive TPRC Sellers with respect to the functionality your Service performs on behalf of the TPRC Seller or to what Content your Service may access and manipulate.
Certain Developer Tools allow for the submission of content, and except as expressly provided in these terms, TPRC does not acquire any ownership of any intellectual property rights that you or TPRC Sellers hold in the content that you submit using the Developer Tools. By submitting, posting or displaying content to or from the Developer Tools through your Service, you give TPRC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content. However, TPRC will only use such content for the purpose of enabling TPRC to provide its services, the Developer Tools and only in accordance with the applicable TPRC privacy policies. Before you submit content via Developer Tools and your Service, ensure that you have the necessary rights (including any necessary rights from TPRC Sellers) to grant us the license.
We may also periodically make available certain TPRC logos, trademarks, or other identifiers for your use as set forth in Built with TPRC (“TPRC Marks”). If we do so, you will use them subject to and in accordance with TPRC's then current Built with TPRC and TPRC Trademark Terms. TPRC may limit or revoke your ability to use TPRC Marks at any point. All rights not provided in the TPRC Trademark Terms are expressly reserved by TPRC. We may change TPRC Marks from time to time. In the event that TPRC Marks or TPRC Trademark Terms are changed, you will (a) use the current version of the TPRC Marks and (b) use TPRC Marks consistent with the then current TPRC Trademarks Terms.
You expressly acknowledge that TPRC or the TPRC Seller retains all worldwide right, title and interest in and to Content, including all intellectual property rights therein.
You also acknowledge that as between you and TPRC, TPRC owns all right, title and interest in and to Developer Tools, TPRC Marks, and TPRC services (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld.
Subject to section 1 above and this section 6, as between you and TPRC, you retain all worldwide right, title and interest in and to your Service, including but not limited to all intellectual property rights therein.
You may provide TPRC with comments concerning Content or Developer Tools or your evaluation and use thereof. You agree that TPRC and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.
If your TPRC account is terminated or suspended for any reason or no reason, you agree: (i) to continue to be bound by this Agreement, (ii) to immediately stop using Developer Tools, and (iii) that TPRC shall not be liable to you or any third party for termination or suspension of access to the Developer Tools.
You may terminate this Agreement and other TPRC agreements by closing your TPRC account at any time, except as may be provided in your other TPRC agreements.
We may terminate this Agreement any reason or no reason at any time. We may also suspend access to Developer Tools if you (i) have violated the terms of this Agreement, any other agreement you have with TPRC, or TPRC's policies, or (ii) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of Developer Tools, or in connection with any termination or suspension of Developer Tools.
DEVELOPER TOOLS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE DEVELOPER TOOLS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER TOOLS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TPRC OR THROUGH ANY DEVELOPER TOOL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TPRC, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT DEVELOPER TOOLS ARE ACCURATE, RELIABLE OR CORRECT; THAT DEVELOPER TOOLS WILL MEET YOUR REQUIREMENTS; THAT DEVELOPER TOOLS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT DEVELOPER TOOLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DEVELOPER TOOLS ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TPRC, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF DEVELOPER TOOLS. UNDER NO CIRCUMSTANCES WILL TPRC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF DEVELOPER TOOLS OR YOUR TPRC ACCOUNT, OR THE INFORMATION CONTAINED THEREIN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TPRC, ITS PROCESSORS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF DEVELOPER TOOLS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF DEVELOPER TOOLS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM DEVELOPER TOOLS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH DEVELOPER TOOLS BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH DEVELOPER TOOLS; AND/OR (VII) YOUR SERVICES. GIVEN THAT TPRC PROVIDES ACCESS TO DEVELOPER TOOLS AT NO CHARGE, IN NO EVENT SHALL THE AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED US$1000.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TPRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You will indemnify, defend, and hold us (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) your wrongful or improper use of the Developer Tools or Content; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; or (e) any other party's access and/or use of Developer Tools with your unique name, password or other appropriate security code.
We may amend this Agreement and the documentation and guidelines accompanying the applicable Developer Tools, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through your TPRC account (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of and access to the Developer Tools after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 12) that arose before the changes will be governed by the terms of service in place when the Dispute arose.
“Disputes”
are defined as any claim, controversy, or dispute between you and
TPRC, its processors, suppliers or licensors (or their respective
affiliates, agents, directors or employees), including any claims
relating in any way to this Agreement or the Developer Tools. You and
TPRC agree to arbitrate all Disputes by a neutral arbitrator who has
the power to award the same damages and relief that a court can.
ANY
ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL
BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL
ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE
ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST TPRC. If any
provision of this arbitration agreement is found unenforceable, the
unenforceable provision shall be severed, and the remaining
arbitration terms shall be enforced (but in no case shall there be a
class arbitration). All Disputes shall be resolved finally and
exclusively by binding individual arbitration with a single
arbitrator administered by the American Arbitration Association
(www.adr.org) according to this provision and the applicable
arbitration rules for that forum. Consumer claimants (individuals
whose transaction is intended for personal, family, or household use)
may elect to pursue their claims in Sacramento, CA small-claims court
rather than through arbitration so long as their matter remains in
small claims court and proceeds only on an individual (non-class or
non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§
1-16, fully applies. If you are a consumer bringing a claim relating
to personal, household, or family use, any arbitration hearing will
occur within Sacramento, CA. The arbitrator's award shall be
binding on the parties and may be entered as a judgment in any court
of competent jurisdiction. You agree to pay the arbitration fees due
to the American Arbitration Association for individual arbitrations
brought in accordance with this section. If you prevail on any claim
for which you are legally entitled to attorney's fees, you may seek
to recover those fees from the arbitrator. For any claim where you
are seeking relief. For purposes of this arbitration provision,
references to you and TPRC also include respective affiliates,
agents, employees, predecessors, successors and assigns as well as
authorized users or beneficiaries of TPRC services. Subject to and
without waiver of the arbitration provisions above, you agree that
any judicial proceedings will be brought in and you hereby consent to
the exclusive jurisdiction and venue in the state courts in the City
and County of Sacramento, California, or federal court for the
Northern District of California.
This Agreement and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
These Developer Terms of Service are a complete statement of the agreement between you and TPRC regarding the Developer Tools. In the event of a conflict between this Agreement and any other TPRC agreement or policy, this Agreement shall prevail and control the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Agreement does not limit any rights that TPRC may have under trade secret, copyright, patent, or other laws. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
The following sections of this Agreement survive and remain in effect in accordance with their terms upon termination of this Agreement: 6 (Ownership. Feedback), 7 (Termination), 8 (Disclaimer of Warranty), 9 (Limitation of Liability), 10 (Indemnification), 12 (Binding Individual Arbitration), 13 (governing Law), 14 (Limitation on Time to Initiate a Dispute), 15 (Assignment) and 16 (Other Provisions).
TPRC and its affiliates and third party service providers (“TPRC”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our products or services (“Services”). Your agreement to this E-sign Consent confirms your ability and consent to receive Communications electronically from TPRC, its affiliates, and its third party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the Services.
Under this Consent, TPRC may provide all Communications electronically by email, by text message, or by making them accessible via TPRC websites or applications. Communications include, but are not limited to, (1) agreements and policies required to use the Services (e.g. this Consent, the TPRC Privacy Policy, the TPRC Seller Agreement, (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.
To access and retain the electronic Communications, you will need the following:
A computer or mobile device with Internet or mobile connectivity.
For website-based Communications, a current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see http://www.microsoft.com/ie for current version), Mozilla Firefox current version (see http://www.mozilla.com for current version), Apple Safari current version (see http://www.apple.com/safari for current version), or Chrome current version (see http://www.google.com/chrome for current version). The browser must have cookies enabled.
For application-based Communications, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store.
Access to the email address used to create an account for TPRC Services.
Sufficient storage space to save Communications and/or a printer to print them.
If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add noreply@theplumbingreportcard.com to your email address book.
You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to The Plumbing Report Card, To be determined, Sacramento, CA, USA, Attn: Customer Support - Legal (“TPRC Address”) within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive.
You may withdraw your consent to receive electronic Communications at any time, by writing to the TPRC Address. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request.
You can change your email address by writing to the TPRC Address. You may also be able to change your email address yourself through the Services.
The HIPAA Business Associate Agreement (“HIPAA BAA”) is a legal agreement made between you (“you” or “your”) and TPRC, and its affiliates (“TPRC,” “we,” “our,” or “us”) for the purpose of implementing the requirements of HIPAA to support the parties' compliance requirements under HIPAA. The “Agreement” refers to the Terms of Service entered into between you and TPRC governing your use of TPRC's mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). Together with the Agreement, this HIPAA BAA will govern each party's respective obligations regarding Protected Health Information (defined below).
You represent and warrant that: (i) you have full legal authority to enter into this HIPAA BAA, (ii) you have read and understand this HIPAA BAA, and (iii) you agree to the terms of this HIPAA BAA.
All capitalized terms used but not otherwise defined in this HIPAA BAA will have the same meaning as in HIPAA.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and the rules and regulations thereunder, as amended, including with respect to the HITECH Act.
“HITECH Act” means the Health Information Technology for Economic and Clinical Health Act enacted by the United States Congress, which is Title XII of the American Recovery & Reinvestment Act, and the regulations thereunder, as amended.
“Protected Health Information” or “PHI” will have the same meaning as the term “protected health information” in HIPAA, 45 C.F.R. § 160.103, except limited to information: (a) that is created, received, maintained, or transmitted by us on your behalf; and (b) will not include information to the extent that it is exempt from HIPAA under Section 1179 of the Social Security Act, 42 U.S.C. § 1320d-8.
“Individual” will have the same meaning as the term “individual” in HIPAA, 45 C.F.R. § 160.103, and will include a person who qualifies as a personal representative in accordance with the HIPAA “Privacy Rule” as described in 45 C.F.R. § 164.502(g).
Except as otherwise limited in this HIPAA BAA, we may:
Use or Disclose PHI in our possession to perform the Services, provided that such Use or Disclosure would not violate HIPAA if done by you;
Use PHI for our proper management and administration and to carry out any of our legal responsibilities;
Use PHI to create de-identified Health Information in accordance with the HIPAA “Privacy Rule” as described in 45 C.F.R. § 164.514(b);
Use PHI for Data Aggregation services related to your Health Care Operations; and
Disclose PHI in our possession to a third party for our proper management and administration or to fulfill any of our legal responsibilities, provided that: (i) the Disclosure is required by law; or (ii) we have received reasonable written assurances from the person to whom PHI will be disclosed that: (a) the information will remain confidential and will be Used or further Disclosed only as required by law or for the purpose for which it was Disclosed; and (b) we will be notified of any instances of which the person becomes aware that the confidentiality of the information has been breached.
We will not Use or Disclose PHI other than as permitted or required by this HIPAA BAA or as required by law. We agree to use appropriate safeguards and to comply, where applicable, with the Security Standards for Protection of Electronic Protected Health Information, 45 C.F.R. Part 164 Subpart C (the “Security Rule”) with respect to Electronic Protected Health Information, to prevent Use or Disclosure of the PHI other than as provided for by this HIPAA BAA.
We agree to comply with the applicable requirements of the Security Rule. We agree to promptly report to Covered Entity: (i) Any Use or Disclosure of PHI not provided for by this HIPAA BAA, including Breaches of Unsecured PHI; and/or (ii) Any Security Incident, provided that this Section 3(a) will serve as notice, and no additional reporting will be required, of any unsuccessful attempts at unauthorized Access, Use, Disclosure, modification, or destruction of information or unsuccessful interference with system operations in an information system. For any Breach of Unsecured PHI, we agree to supplement the above report with the information required by 45 C.F.R. § 164.410 without unreasonable delay and in no case later than 60 calendar days after discovery of the Breach.
We agree to ensure that any Subcontractors that create, receive, maintain, or transmit PHI on our behalf agree in writing to the same restrictions and conditions that apply through this HIPAA BAA to us with respect to such PHI, including complying with the applicable requirements of the Security Rule.
We agree to make our internal practices, books, and records relating to the Use and Disclosure of PHI received from, or created or received by Business Associate on your behalf, available to the Secretary of the Department of Health and Human Services (“Secretary”) for the purposes of the Secretary determining compliance with HIPAA. Nothing in this Section will be construed as a waiver of any legal privilege or of any protections for trade secrets or confidential commercial information.
Upon your request, we will make PHI in a Designated Record Set available to you as necessary to allow you to comply with your obligations to provide access to Individuals of their health information as required by 45 C.F.R. § 164.524. Upon your request, we will make PHI in a Designated Record Set available to you and will incorporate any amendments to such information as instructed by you as necessary to allow you to comply with your amendment obligations as required by 45 C.F.R. § 164.526. We will maintain and, upon your request, provide you with the information necessary for you to provide an Individual with an accounting of Disclosures as required by 45 C.F.R. § 164.528.
To the extent that we carry out one or more of your obligations under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Part 164 Subpart E, including but not limited to the provision of a notice of privacy practices on your behalf, we will comply with the requirements of Subpart E that apply to you in the performance of such obligations.
You will use appropriate safeguards to prevent against unauthorized Use or Disclosure of PHI, consistent with this HIPAA BAA, and as otherwise required under the Security Rule.
You will provide us with any changes in, or revocation of, permission by an Individual to Use or Disclose PHI, if such changes affect our permitted or required Uses or Disclosures of PHI under this HIPAA BAA. You will not agree to any request for a restriction that limits our permitted or required Uses or Disclosures of PHI under this HIPAA BAA unless you are required by law. In the event that you are required by law to agree to such a restriction, you will promptly notify us of the restriction. You will not request or cause us to Use or Disclose PHI in any manner that would not be permissible under HIPAA if done by you.
You will not include in your notice of privacy practices under HIPAA any limitation that limits our permitted or required Uses or Disclosures of PHI under this HIPAA BAA unless such a limit is required by law. In the event that you are required by law to include such a limitation in your notice of privacy practices, you will promptly notify us of the limitation.
If you determine that we have violated a material term of this HIPAA BAA, you may terminate this HIPAA BAA in accordance with Section 41 of the Agreement.
Except as provided in this Section 6, upon termination of this HIPAA BAA for any reason, we will return or destroy all PHI to the extent feasible. We will not retain copies of the PHI. In the event that we determine that returning or destroying the PHI is infeasible, then we will extend the protections of this HIPAA BAA to such PHI and limit further Uses and Disclosures of such PHI to those purposes that make the return or destruction infeasible, for as long as we maintain such PHI.
It is the parties' intent that any ambiguity under this HIPAA BAA be interpreted consistently with the intent to comply with applicable laws.
This HIPAA BAA supersedes any pre-existing agreements between the parties relating to HIPAA covering the Services. To the extent of any conflict or inconsistency between the terms of this HIPAA BAA and the remainder of the Agreement, the terms of this HIPAA BAA will govern. Except as expressly modified or amended under this HIPAA BAA, the terms of the Agreement remain in full force and effect.
TPRC, the TPRC logo, TPRC Appointments, TPRC Capital, TPRC Dashboard, are all trademarks or registered trademarks of TPRC in the United States and other countries. Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Other trademarks and brands are the property of their respective owners.
TPRC respects the copyright and trademark rights of others. TPRC responds to all valid notifications of trademark complaints submitted by trademark owners and of copyright complaints submitted by copyright owners under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright owners, as well as requirements for submitting a counter-notification by an affected party. It is TPRC's policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others.
To report a notice of trademark or copyright infringement, you will need to provide us with the following information:
An electronic or physical signature (typing a full name in the reporting form or an email will be sufficient) of the copyright or trademark owner or a person authorized to act on behalf of the owner;
A description of the material that you claim has been infringed;
i.e. With respect to trademark rights, include the basis for your claim of such rights, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction in which you claim such rights, and the category of goods and/or services for which you claim such rights;
Identification of the claimed infringing material, including the location of such material on TPRC's applications, websites or services;
Contact information, including the name of the owner of the copyright or trademark and your name, title, address, telephone number, and email address;
A statement that you have a good faith belief that the claimed infringing material is not authorized by the copyright or trademark owner, its agent, or the law; and
A statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner.
If you believe that third party material posted on or accessible through TPRC's applications, websites, and services constitutes infringement of your copyright or trademark rights, please send a notice of infringement to TPRC's designated agent listed below.
By submitting the infringement notice, you acknowledge and agree that TPRC or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us. Please be aware that under 17 U.S.C. (s) 512(f) of the DMCA, you may be liable for any damages, including costs and attorneys' fees incurred by us or our merchants, if you knowingly and materially misrepresent that an activity or material is infringing.
The
Plumbing Report Card
Attn: Copyright/Trademark Agent
8359
Elk Grove Florin Rd. Suite 103
Sacramento, CA. 95829,
USA
If your material has been removed or disabled as a result of an infringement notice and you believe such material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner's agent, or pursuant to law, you may send a counter-notice to TPRC's designated agent at the address above.
The counter-notice must include:
Your physical signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TPRC may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
TPRC or its designated agent will forward your counter-notice to the party who submitted the infringement notice. If the complainant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from TPRC, then TPRC may reinstate the removed or disabled material.
Neither party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this Section 8.10 will affect or excuse your liabilities and obligations for Chargebacks, refunds, or unfulfilled products and services.
This Privacy Notice describes how TPRC collect, use, disclose, transfer, store, retain or otherwise process your information when you (whether you are a person or business) apply or sign up for TPRC through TPRC's website or applications.
This Privacy Notice applies to your use of our Services, and covers information collected in connection with your access to and use of our Services. Please read this Privacy Notice carefully. By continuing to interact with our Services, you are consenting to the practices described in this Privacy Notice.
We need to collect information about you to provide you with the Services or the support you request. The type of information we collect can vary depending on the country from which you access our Services. Additionally, you can choose to voluntarily provide information to us.
We collect information you provide when you apply or sign up for TPRC account, go through our identity or account verification process, authenticate into your account, communicate with us, answer our surveys, upload content, or otherwise use the Services.
We collect information about you when you use our Services, including:
Identification Information. Your name; email address; mailing address; phone number; contact and demographic information when you apply or sign up for TPRC account or other Services, signature, and authentication credentials (for example, information you use to login to your account), including IP address.
Financial Information. Information such as bank account, payment card numbers, credit reports, and other publicly available information.
Other Information You Provide. Information that you voluntarily provide to us, including your survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; referrals; or any other actions performed on the Services.
We collect information about you and the devices you use to access the Services, such as your computer, mobile phone, or tablet. The information that we collect includes:
Precise Geolocation Information. The location of your device. For more information and to learn how to disable collection of location information, please see below.
Device Information. Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device's interaction with our Services.
Use Information. Information about how you use our Services, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Services, your search terms, the website you visited before you visited or used the Services, data about how you interact with our Services, and other clickstream data.
Business Information. Appointments scheduled through TPRC dashboard.
Employee Information. Names of employees scheduled to perform inspection.
Customer Information. Information you collect from your customers, including but not limited to the property address, email address, phone number, or other information.
Our Services are general audience services not directed at children under the age of 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will promptly delete that information.
We may use information about you for a number of purposes, including:
Determining whether the Services are available in your country;
Otherwise providing you with TPRC products and features you choose to use;
Displaying your historical transaction or appointment information;
Providing, maintaining and improving our Services;
Developing new products and services;
Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, and provide assistance for problems with our Services or your TPRC account;
Improving, personalizing, and facilitating your use of our Services;
Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of our Services.
Sending you information we think you may find useful or which you have requested from us about our products and services;
Conducting surveys and collecting feedback about our Services.
Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account.
Protecting our, our customers', or your customers' rights or property, or the security or integrity of our Services;
Enforcing our Terms of Service or other applicable agreements or policies;
Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
Fulfilling any other purpose disclosed to you in connection with our Services;
Marketing of our Services;
Communicating with you about opportunities, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners;
If we send you marketing emails, each email will contain instructions permitting you to “opt out” of receiving future marketing or other communications.
For any other purpose disclosed to you in connection with our Services from time to time.
We may share information about you as follows:
With our group companies and corporate affiliates, for the purposes outlined above.
With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection services).
With third parties that run advertising campaigns, contests, special offers, or other events or activities on our behalf or in connection with our Services.
To a subsequent owner, co-owner, or operator of one or more of the Services; or
In connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.
If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our General Terms or other applicable agreements or policies; (iii) to protect our or our customers' rights or property, or the security or integrity of our Services; or (iv) to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities.
With your consent. For example:
At your direction or as described at the time you agree to share;
When you authorize a third party application or website to access your information.
We also may share (within our group of companies or with third parties) aggregated and anonymized information that does not specifically identify you or any individual user of our Services.
We generally retain your information as long as reasonably necessary to provide you the Services or to comply with applicable law. However, even after you deactivate your account, we can retain copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our General Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law.
We use various technologies to collect information when you access or use our Services, including placing a piece of code, commonly referred to as a “cookie,” or similar technology on your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We will begin collecting information about you or from activity on devices you use as soon as you use our Services. By using our Services, you permit us to collect and use your information from activity on devices you use in accordance with this Privacy Notice. For more information and to learn how to block or delete cookies used in the Services, please see below.
Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.
We may use cookies to:
Remember that you have visited us or used the Services before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
Customize elements of the promotional layout and/or content of our Services.
Collect data about the way you interact with our Services (e.g., when you use certain features).
Collect data to assess and improve our advertising campaigns, including sending information to our business partners.
Allow our business partners (including third parties) to use these tracking technologies to track your behavior on our behalf on our Platform (including when you use multiple devices) and on partner websites.
Enable third parties to collect data about the way you interact across sites outside of our Services.
Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.
Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.
You also can learn more about cookies by visiting http;//www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.
We also may collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We use web beacons to deliver cookies, track the number of visits to our website and apps, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
We can use third-party service providers to provide site metrics and other analytics services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information (e.g., transactions entered into). This information can be used by TPRC and third-party service providers on behalf of TPRC to analyze and track usage of our Services, determine the popularity of certain content, and better understand how you use our Services. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.
This Privacy Notice does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties' privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit http;//wwwaboutads.info/choices.
You may access, change, or correct information that you have provided by logging into your TPRC account at any time or by making a request to us using the contact details below, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.
If you wish to deactivate your account, you can do so by logging into your TPRC account or by emailing us using the contact details provided below.
In order to provide certain Services, we may require access to location information, including precise geolocation information collected from your device. If you do not consent to collection of this information, certain Services will not function properly and you will not be able to use those Services. You can stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, some of our mobile applications will no longer function. You also may stop our collection of location information via mobile application by following the standard uninstall process to remove TPRC mobile applications from your device.
Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. TPRC does not have a mechanism in place to respond to DNT signals. TPRC does track some activity across websites (including your search terms, the website you visited before you visited or used the Services, and other clickstream data) and we may continue to collect information in the manner described in this Privacy Notice from web browsers that have enabled DNT signals or similar mechanisms.
You can opt out of receiving promotional messages from TPRC by following the instructions in those messages, by informing the caller that you would not like to receive future promotional calls, or by changing your notification settings by logging into your TPRC account. You may only opt-out of text messages from TPRC by replying STOP. Opting out of receiving communications may impact your use of the Services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.
California law permits residents of California to request certain details about our disclosure of your personal information to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us at the address listed below.
We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.
We may, and we may use third-party service providers to, process and store your information in the United States, Canada, Japan, the European Union and other countries.
We may amend this Privacy Notice from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. We will provide you with reasonable prior notice of material changes in how we use your information, including by email, if you have provided an email address. If you disagree with these changes, you may cancel your account at any time. Your continued use of our Services constitutes your consent to any amendment of this Privacy Notice.
Please contact our Privacy Department with any questions or concerns regarding this Privacy Notice.
TPRC
Attn.
Privacy Department
8359 Elk Grove Florin Rd. Suite
103
Sacramento, CA. 95829, USA
If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.
