Terms And Conditions
Last Update: March 17, 2016
The services offered by Pac 3 Developments Inc. (“Company”) are conditioned on your acceptance of the following terms, conditions and notices without modification (“Agreement”). The document herein shall refer to you and any of your affiliates, agents, employees, representatives and/or subcontractors as “you” or “Customer”. Your use of this Website or submission of service requests via email or telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time.
These Terms and Conditions apply to any services or properties such as websites or apps owned and operated by the Company and collectively referred to herein as the "PipeChannel" on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at firstname.lastname@example.org. We reserve the right to amend the Agreement at any time by posting a revised version of the Agreement on the Company’s website.
- You represent that, if applicable, you are, as an individual, at least 18 years old and competent to enter into an agreement to use the services offered by the Company.
- You may choose to register to access certain functionality or information on the site, it is your responsibility to choose a strong password (i.e. 16 characters long + numbers + symbols) and to keep it confidential. If the website issues you a new password, it is your responsibility to change it to a strong password of your choosing.
- There are several ways you can find a Contractor on this website, including requesting a referral, estimate, quote or answer for a specific service or problem, and then we will refer you to up to six Contractors. You may also select or search for individual Contractors from a geographical or services based Directory or Contractor Directory Listing.
- After you insert your name and email address and the type of service you are seeking to have performed, the Company will attempt to match you with service providers (“Contractor”) that performs services in and around your area (“Service Area”) who might wish to perform work that you need. However, the Company does not guarantee that it will locate a Contractor who is able or disposed to provide services that match your needs. While we do ask for Contractors’ to share their qualifications, we do not make any representations or provide any guarantees for any Contractors’ skills, representations or quality of work that may be performed by any Contractor.
- While the Company’s goal is to assist you in locating a Contractor, the Company is not responsible for any of the services requested by you or the work performed on your behalf by any Contractor. The Company does not recommend or sanction any particular Contractor, as the Company is not a party to your independent agreement with a Contractor. The Contractors are not employees or agents of the Company and the Company is not an agent of the contractors. All information about Contractors is confidential and for personal use only.
- If you receive any quotes or estimates from the Company or a Contractor, such quotes or estimates are provided for informational purposes only. Nor the Company or the Contractor can contract with you via the Company website. Any agreement you enter into with a Contractor is governed solely by the terms of your agreement and by applicable federal, state, provincial or local law. In the event that you have a dispute with a Contractor, that dispute must be addressed directly with the Contractor and you agree to release the Company and its officers, directors, affiliates, employees and agents as well as any other person, firm or entity including the Company’s business partners, which may include our network of Contractors, from any damages or claims of every kind arising out of or related to your agreement and/or dealings with a Contractor.
- Upon signing up or submitting information through forms on this website, the Company may be required to submit information about yourself and your service requirements as well as be able to create an account in order to store information relating to services provided by contractors on the Company’s website. This information may be sent to Contractors or other entities which work with the Company who will respond to your inquiry or service requests. You agree that your submission of your contact information constitutes your entering into a business relationship with the Company and its partners and therefore consent to being contacted by the Company, its partners as well as Contractors and other providers by phone, fax, email, mail or other reasonable means at any of your contact numbers or addresses for products and services related and/or unrelated to your service request. In the event that you are listed on a “Do Not Call” list, you hereby agree that phone calls and other contact stemming from your submission of contact information to the Company are permitted. You represent that your contact information is current, truthful and accurate and that if the Company has reasonable grounds to believe that you provided any untrue, outdated or incomplete information the Company may refuse your use of the Company’s website(s). You are responsible for use of the Company’s website by persons who you permit to have access to your account.TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND ITS CONTRACTORS, AND TO CustomerS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH OF THE COMPANY’S CONTRACTOR OR SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO THE COMPANY AND EACH OF THE AFFECTED CONTRACTORS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER, PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- You agree that the website’s content is the sole property of the Company and you have no right to reproduce, disseminate or otherwise use the information for any purpose other than your personal use. We reserve the right to revoke your access to the Company’s website and its services at anytime. You agree that your current and future use of the Company’s website is solely for your personal use and not for business or marketing. In the event that you violate any part of this provision, you agree you shall be liable to the Company for any damages and shall indemnify the Company for any third party claims against the Company arising out of your actions.
- You acknowledge and agree that your use of this website is for your personal use and not for marketing or advertising purposes. You may not use this website to recreate or compete with the website or any Company websites, to solicit or harass this sites Contractor, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to the Company for any such damages, and will indemnify the Company in the event of any third party claims against the Company based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Company products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by the Company in its sole discretion that you are misusing or attempting to misuse or circumvent this sites services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, The Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- You agree and acknowledge that you will be liable and/or indemnify the Company and any contractor from any damages, attorney fees, costs and expenses including any regulatory or judicial fines that may be incurred in the event that you knowingly falsify information submitted to the website. In the event you misuse or attempt to misuse the Company’s website or to circumvent the Company’s services or system or attempt to utilize the Company’s website or services for non-personal, improper or commercial purposes such as hacking, fraud, marketing or spamming, the Company may terminate your access to the website immediately, without notice, as well as file a claim in Surrey, British Columbia to seek an equitable remedy and/or monetary damages due to lost revenue, repairs, attorney’s fees and/or legal costs and expenses and to seek injunctions or other equitable remedies.
- Links on the Company’s website are solely intended to be a convenience for you. These links may direct you away from the Company’s website and are unrelated and are not controlled by the Company and the Company is not responsible for those websites’ contents, products or functioning of the website.
- You understand and acknowledge that the Company does not guarantee or pre-screens Contractors and the Company makes no, and expressly disclaims any guarantees, representations or warranties whatsoever with regard to these Contractors. The Contractors are provided to you on an "as is" basis. Please confirm that the Contractor you are dealing with is licensed, if necessary, and insured and you need to perform any investigation into references and background as you determine is needed.
- Upon enrollment the Company requests that each Contractor represent and declare that it possess any and all applicable licenses as required by Federal, state, provincial or local law. Please be aware that licensing requirements may vary depending on state or local law or the size or type of project. The Company does not guarantee that the Contractors are in compliance with licensing requirements or maintain liability insurance or bonding. We therefore urge you to confirm independently Contractor's’ qualifications and request a copy of the Contractors’ license when applicable.
- You acknowledge and agree that the Company may monitor and / or record any telephone calls, emails or correspondence between you and the Company, and between you and the Contractor.
- You agree that the Company and its service professionals may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by replying to a text the word STOP from the mobile device that is receiving the messages.
- The Company may encourage you to post to the website your reviews of the work performed by Contractors. However, the Company may, in its sole discretion, reject Customer Reviews, refuse to post them or remove them.
- Reviews and/or ratings do not reflect or represent the opinions or representations of the Company, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders but only other Customers. The Company disclaims any and all representations or warranties with regard to reviews and/or ratings and is not responsible and shall not be held liable for any review or claims, damages or loss incurred from utilization of the website or its contents.
- Contractors are permitted to establish a profile on the website. The Company does not review or verify the information or representations in those profiles. The Company has not performed a criminal background check or a legal search for civil judgment against the contractors and shall not be held liable for any claim stemming from your failure to confirm a contractor’s status as to a secretary of state’s requirements or whether a criminal or civil judgment has been entered against a contractor and/or its employees, subcontractors and/or agents.
- The Company reserves the right to convey your request for services and profile information to another website or provider’s network of contractors. In that event you may be subject to the terms and conditions of that particular website or network.
- The Company’s services are provided "as is" without any warranty, and your exclusive remedy, and the Company’s only duty to you for any claim stemming from use of the website or the Company’s services is that you may cancel your use of the Company’s service and/or website at any time. The Company expressly disclaims any implied warranties, including, but not limited to, warranties of merchantability and fitness for particular purpose. The Company shall not be directly, indirectly, specially, incidentally or consequentially (including lost profit) liable for exemplary or punitive damages arising out of this Agreement. In the event your state or province does not allow limitations on or exclusions of incidental or consequential damages and that state’s or provincial law is deemed by a court of law to apply, then these exclusions may not apply.
- This Agreement shall transfer to the benefit of the Company’s successors, assigns and licensees. If any provision is determined to be void, unenforceable, or unlawful, for any reason, by any court of competent jurisdiction, that provision shall be modified to make it enforceable, while maintaining its spirit. If modification is impossible, the particular provision shall be stricken and but shall not affect the validity and enforceability of the remaining terms. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any claim or cause of action arising out of or related to use of the Company’s services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement is governed by the laws of the province of British Columbia as such laws are applied to agreements entered into and to be performed entirely in the Province Of British Columbia and between British Columbia residents. You agree to submit to jurisdiction in British Columbia and that any claim arising out of or related to these terms of Agreement will be brought solely in the Provincial Court in Surrey, British Columbia.
- You shall agree to indemnify the Company and its officers, employees, subsidiaries, affiliates, agents and partners (“Company Partners”). You agree that you shall hold the Company Partners harmless for any and all demands, claims, attorney fees that are made by you or a third party stemming from the Company’s service or related to its website or the violation of these terms and conditions or the rights of a third party.
- You agree that you are the owner of any Content, including but not limited to, pictures, videos, audio files, case studies, quotes, pricing, articles, posts, reviews and comments that you provide or send to the Company by online submission, email, post, document sharing or other transmission. You acknowledge and agree that any Content you send or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize the Company and our affiliates, licensees and sublicensees, the royalty free use of the Content without compensation to you or others, to copy, adapt, edit, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- The Company reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any Content that you or any other users post on any Company owned or operated websites or apps if the Company determines (in its sole discretion) that such content contains or features offensive, harmful and/or abusive language, (i.e. expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech), references to illegal activity, language that violates the standards of good taste or the standards of this website, statements that are or appear to be false, comments that disparage this site or the Company, reviews that do not address the goods and services of the business or reviews with no qualitative value, comments concerning a different Contractor,Information not related to work requested in the service request, if a dispute arises between a Customer and professional, the rating submitted may be held in pending status until resolution is reached. You agree that any rating, review or comment is provided by you is accurate and truthful, and that your will only provide a rating, review or comment for a Contractor that has performed services for you pursuant to your applicable service request.
- No logo, graphic, sound or image from this web site may be copied or retransmitted unless expressly permitted by the Company. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE THE COMPANY’S WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- You agree that the exclusive means of resolving any dispute between you and the Company or any claim made by you or the Company arising out of or relating to your use of this website and/or Company services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. By using the website and/or the Company services in any manner, you agree to the this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company . YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the provincial courts located in Surrey, British Columbia.. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and the Company, shall be governed by the laws of the province of British Columbia without regard to principles of conflicts of law.
- The Company respects the Copyright of others. If you believe our copyright-protected work was posted without authorization, you may submit a copyright infringement notice.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- Description: A description of the copyrighted work that you claim has been infringed, including the URL(i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- URLS Of Offending Content: Identification of the URL or other specific location on the website where the material that you claim is infringing is located.
- Statements: A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
Notification Of Claimed Infringement
|Location Of Content||URL|
I state UNDER PENALTY OF PERJURY of law that:
I hereby state that I have a good faith belief that the sharing of copyrighted material at the location above is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
I acknowledge that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Deliver this notice, with all items completed:
Pac 3 Developments Inc
Re: DMCA Copyright Notice
1185 West Georgia Street, Suite 1625
Vancouver, British Columbia
Canada V6E 4E6
Subject: DMCA Copyright Notice