Terms & Conditions
Notice of Arbitration Agreement: These Terms & Conditions contain an Arbitration Agreement that may affect your rights to use the courts to resolve disputes. Please carefully review the terms of the Arbitration Agreement below. If you do not wish to be bound by the Arbitration Agreement, do not use the Service as defined herein.
Notice of Class Action/Class Arbitration Waiver: These Terms & Conditions include a waiver of your right to proceed with class actions or class arbitrations. Please review for details. If you do not wish to waive rights to class-based relief, do not use the Service.
The following Terms & Conditions (the “Terms”) govern your use of the PerCallPro.com site (the “Site”). The Site is made available by PerCallPro (the “Site Proprietor” or “we”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms, you may not access or otherwise use the Site and should cease your use immediately. We may change the Terms from time to time, without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms, you agree to be bound by any such modifications.
You may only use the Site if you are domiciled in the United States and you are 18 years old or older.
Access to Personal Information Services Available on the Site
Via the Site, we provide a service by which consumers can apply to receive quotations from our network of agents, brokers, discount program representatives, and other service providers (the “Services”). We aim to provide valuable information that individuals can use to make their own decisions regarding discount programs. Once you provide us with the information needed to complete an online application, we will attempt to match you with appropriate agents, brokers, discount programs, or other companies.
We do not issue contracts or bind coverage. We do not endorse or recommend any companies or policies, and we do not provide legal or financial advice. We do not guarantee that any of the agents, brokers, and/or companies to whom we forward your application will contact you or agree to provide you with a contract. We are not responsible for the conduct of the agents, brokers, discount program representatives, and companies that are matched with your online application. For personal advice or specific policy recommendations, you should consult with an agent, broker, or other qualified professional.
We reserve the right, at our sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site or the Services, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the Services or Site or restrict your access to parts of or the entire Site without notice or penalty.
There is no charge to you for using the Site.
How We Make Money
PerCallPro (collectively, “This Website”) is an independent, advertising-supported website publisher that helps connect individuals with providers and other affiliates, offering consumers the opportunity to get information about home quotes and agents. This Website may earn revenue for leads, clicks, calls, and applications generated, and may be compensated by its advertisers for sponsored products and services. This compensation may impact how, where, and in what order products appear. This Website does not include all companies or all available products. This Website is not a broker or agent on the sale of service products.
Proprietary Rights User Submissions
As between you and the Site Proprietor, the Site Proprietor owns all rights, title, and interest in and to the Site, including all content, code, data, and materials, the look and feel, design, and organization of the Site, and the compilation of content, code, data, and materials on the Site, including all intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any content, code, data, or materials you may access on the Site. Any commercial use or exploitation of the Site is strictly prohibited. You may view the content on the Site on your personal computer or other internet-compatible device, and make single copies or prints of the content for your personal, non-commercial use only. Unauthorized copying, reproduction, distribution, or exploitation of any content, code, data, or materials on the Site is prohibited. We do not grant any license or authorization to use our trade names, trademarks, service marks, or other marks or logos without our express written agreement. Third-party marks are the property of their respective owners.
User Submissions
In the course of your use of the Site, you may be asked to provide, or you may provide on your own inclination, information or materials to us (referred to as “User Submissions”). User Submissions include information you submit via your application to receive quotations (“Application Data”) and information provided via other online forms on the Site, by email, or any other manner via the Site. Our information collection and use policies with respect to the privacy of personal information (except testimonials) are set forth in the Site’s Privacy Policy, which is incorporated herein by reference. Please read our Privacy Policy before submitting any User Submissions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Submissions. We cannot maintain User Submissions and may delete or destroy any such User Submissions at any time. We reserve the right to refuse to post or to remove any User Submissions that, in our sole discretion, are unlawful, unacceptable, undesirable, inappropriate, or in violation of these Terms.
User Conduct
You agree that while using the Site, you shall not upload, post, transmit, distribute, or publish through the Site any materials that:
- Are protected by copyright, or other proprietary or intellectual property rights, without permission from the rights holder;
- Are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including sexual language of a violent or threatening nature), invasive of another’s privacy, or hateful;
- Restrict or inhibit any other user from using and enjoying the Site;
- Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- Contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also agree not to:
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Use the Site for commercial purposes without authorization;
- Engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity to obtain lists of users or other information, or send chain letters or pyramid schemes via the Site;
- Attempt to gain unauthorized access to other computer systems through the Site;
- Use the Site in a manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
You agree to defend, indemnify, and hold the Site Proprietor and its directors, officers, employees, agents, and affiliates harmless from any claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your misuse of the Site, your placement or transmission of any message, content, information, software, or other materials through the Site, or your breach or violation of the law or these Terms.
Arbitration
Any controversy or claim arising out of or relating to these Terms, or your access to or use of the Services, shall be resolved exclusively by arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. You further agree that:
- The arbitration will be held in Ft. Lauderdale, Florida;
- The arbitrator shall apply the laws of the State of Florida, without regard to its conflict of law principles;
- You waive any right to proceed in arbitration on a class or representative basis;
- Arbitration can resolve only claims between you and PerCallPro;
- The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
- All parts of this clause are severable, meaning that if any part is deemed unenforceable, the remainder will remain in effect.
Disclaimer of Warranties
THE SITE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
Limitation of Liability
IN NO EVENT SHALL THE SITE PROPRIETOR, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE.
General
These Terms constitute the entire agreement between you and us with respect to your use of the Site and the Services provided. If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect. The failure of the Site Proprietor to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms, or assign, transfer, or sublicense your rights, if any, in the Site. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Headings are for reference purposes only and do not limit the scope or extent of such section. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”
Privacy Policy
We are committed to protecting your privacy. Our Privacy Policy, which explains our information practices, including how we collect, use, and share your personal information, is incorporated herein by reference. By using the Site, you agree to the terms of our Privacy Policy.
For any questions regarding these Terms & Conditions, please contact us at [email protected].