By creating an account on the PEP Associates, LLC website for use of the business service (the “Service”), you are agreeing to be bound by the terms of this Service Agreement. PEP Associates has the right to refuse service to anyone for any reason at any time.
The Service allows you to enter and store business data and to efficiently complete business related tasks through an account accessed via internet connection from your computer. The Service is not for personal, family or household use. Certain elements of the Service are proprietary technology of PEP Associates. Use of the Service does not provide you access to or rights in any of the proprietary information, software or know how belonging to PEP Associates.
YOUR REPRESENTATIONS AND OBLIGATIONS
When you use the Service, you make the following representations and agreements:
- The account is for a human being and will not be used by a “bot” or automated user.
- The account is for just one user. Multiple users may not share a single login.
- You provided complete and correct information for your account, including your full legal name, a valid email address, a valid credit card and any other information requested.
- The person providing the account information is authorized to purchase services for the business and make charges to the credit card for that purpose.
- You must check the accuracy of your data and the activity completed using the Service.
- You must protect your account and prevent unauthorized use of your password.
- You are responsible for any activity using your password, whether or not authorized.
- Your use of the Service, including all of your content and transactions, will comply with this Service Agreement and all applicable laws, rules and regulations. You will not use the Service for any illegal or unauthorized activity.
- You will pay PEP Associates all fees and associated taxes for the use of the Service.
- You will reimburse PEP Associates for any and all liabilities, damages, or expenses either of PEP Associates or asserted by a third party (including interest, attorneys’ fees and other legal costs) that result from your breach of this Service Agreement.
- Violation of these representations and agreements will result in the termination of your account.
PRICING AND PAYMENT
The price for the Service is $75.00 USD per quarter for the Quarterly Plan (the “Fee”). The price of the Service is subject to change upon 30 days notice. Notice of a price change may be provided at any time by posting the change to the PEP Associates website.
The Fee does not include sales or other applicable state or local taxes. You are responsible for all applicable sales and other taxes. Sales and other taxes may be charged to your credit card with the Fee or at the time PEP Associates becomes aware of the need to collect such sales or other taxes.
If your account is not canceled (as provided below) during the initial month, the Fee will be charged to your credit card for use of the Service until cancellation or termination. The first Fee will be charged on the day that you provided information for an account. All Fees and taxes are non-refundable. There are no refunds or credits for a partial month’s use of the Service or for months when the Service was not used but the account was not cancelled. In the interest of fairness, no exceptions will be made to this policy.
To terminate the Service and stop future Fee charges, you must cancel your account. You may cancel your account at any time by contacting PEP Associates or doing so through your PayPal account. An email does not cancel your account. PEP Associates will retain all of the information stored in your account for one month following cancellation. You must move all data and information that you wish to retain to another location prior to the end of that month.
PEP Associates has the right to terminate your account for any reason at any time. If your account is terminated, it will be deactivated and you will not have access to it. You will have no right to move any data or information from your account following termination by PEP Associates.
WARRANTIES AND LIMITATION OF LIABILITY
Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PEP ASSOCIATES EXPRESSLY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PEP ASSOCIATES DOES NOT AND CANNOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS-FREE OR THAT THE RESULTS FROM USE OF THE SERVICE WILL BE ACCURATE.
You understand that PEP Associates uses third party vendors and hosting partners to provide the hardware, software, networking, and related technology to run the Service. Information processed and transmitted through the Service, including your data, may be (a) sent over various networks unencrypted; and/or (b) changed to work with the requirements of the connecting networks or devices.
In no event will PEP Associates or any contributor to the Service be liable for any of the following (whether under contract, warranty, negligence, strict liability or other legal theory):
- any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PEP Associates has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy), resulting from: (i) the use or inability to use the Service; (ii) the cost of procurement of substitute goods or services related to any transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmission or data; (iv) statements or conduct of any third party on the Service; (v) termination of your account; or (vi) any other matter relating to the Service or this Service Agreement (recognizing that some States do not allow the limitation of incidental or consequential damages);
- attorneys’ or expert fees incurred by you with respect to any legal action or claim arising out of the use of the Service or this Service Agreement;
- damages resulting from your negligent acts and omissions or willful misconduct, including failure to check the accuracy of data or activity completed using the Service;
- damages resulting from unauthorized use of your account;
- damages due to acts beyond PEP Associates’ control including, without limitation, government act, legal restraint, equipment failure, power surge, transmission interruption, war, terrorist act, civil disturbance, labor dispute, emergency or natural disaster;
- damages arising out of or related to the use, installation or maintenance of any equipment, software, browser, or technical failure, including interruption of availability of the PEP Associates website or delayed or garbled transmission;
- damages from a virus, worm, software lock, drop dead device, trap door, back door, time bomb or similar harmful program that may enter your computer while using the Service.
PEP Associates’ total liability to you for all damages will not exceed the amount of Fees you paid to PEP Associates for use of the Service.
PEP Associates claims no ownership or intellectual property rights in data you provide to the Service. Your account and information uploaded remain yours. PEP Associates does not pre-screen content. PEP Associates may, but has no obligation to, remove content and accounts containing content that PEP Associates determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise violates another party’s rights or this Service Agreement.
CHANGES TO THE SERVICE OR SERVICE AGREEMENT
PEP Associates may change, modify suspend or discontinue, temporarily or permanently any part of the Service at any time with or without notice to you. PEP Associates will not be liable to you or to any third party for any change, modification, suspension or discontinuance of the Service. Updates to the Service, including new tools or improvements, are subject to this Service Agreement. Use of the Service after any changes represents your consent to the changes.
PEP Associates may update, change or modify this Service Agreement at any time with or without notice to you. You can review the most current version of the Service Agreement here.
You agree not to engage in any of the following activities in connection with your account:
- modifying, adapting or hacking the Service or modifying another website to falsely imply that it is associated with the Service or PEP Associates;
- reverse engineering, dissembling, decompiling, reproducing or copying any PEP Associates proprietary technology associated with the Service;
- reselling, copying or allowing third parties access to use the proprietary portions of the Service without the express written permission by PEP Associates;
- copying or reusing any portion of the proprietary visual design elements without express written permission from PEP Associates;
- spamming, mail bombing, spoofing, pharming, phishing or other fraudulent or harmful use of the Service;
- transmitting any virus, worm, software lock, drop dead device, trap door, back door, time bomb or similar harmful program;
- any verbal, physical, written or other abuse (including threats of abuse or retribution) of any PEP Associates customer, officer, employee, member, or agent.
Any unauthorized conduct will result in termination of your account.
- As used in this Service Agreement, “PEP Associates” means the company, its officers, employees, members and agents and “you” means your business, its officers, employees, owners, agents and includes any person who has your password.
- Technical support is provided. Technical support is available only to account holders who have timely paid their Fees. Technical support is available by emailing pep@PaintEstimating.com
- PEP Associates has the right to suspend your account at any time for any reason. If your account is suspended, it will be deactivated and you will not have access to it until the reason for the suspension is resolved to the satisfaction of PEP Associates in its sole discretion.
- If your bandwidth usage exceeds 100 MB/month, or significantly exceeds the average bandwidth usage (as determined by PEP Associates) of other PEP Associates customers, PEP Associates may suspend your account until you reduce your bandwidth usage.
- The failure of PEP Associates to enforce any right or term of this Agreement will not constitute a waiver of such right or term.
- This Service Agreement constitutes the entire agreement between you and PEP Associates and governs your use of the Service, superseding any prior agreements between you and PEP Associates, including but not limited to any prior versions of the Service Agreement.
- This Service Agreement is governed by and must be interpreted according to the laws of the State of Connecticut, without regard to conflicts of laws principles.
- You agree that any legal action arising from or related to this Service Agreement or the use or inability to use the Service will be brought only in the state or federal courts located in Hartford, Hartford County, Connecticut.
- Questions about this Service Agreement should be sent to pep@PaintEstimating.com