Terms & Conditions - Pillar & Peak Restoration

Terms and Conditions

Last updated July 17, 2024

YOUR ACCESS TO OR USE OF THE WEBSITE HTTPS://PILLARANDPEAK.COM (THE “WEBSITE”) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE FOR THE WEBSITE AND ALL OF THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU (ALSO REFERRED TO AS A “USER”) MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE AND THE SERVICES ACCESSIBLE BY YOU THROUGH YOUR USE OF THIS WEBSITE (HEREINAFTER REFERRED TO INDIVIDUALLY AND COLLECTIVELY AS THE “SERVICE”),

Description of Website. The Website and the Service are made available by the P&PK RESTORATION NO 2 LLC dba Pillar & Peak Restoration (“Provider”). The information and the Service on the Website are not intended to provide and should not be construed as providing legal advice.
User Discretion. Users have sole discretion whether to contact or be contacted by Provider. The determination of the need for contractor services and the choice of contractor are important decisions and should not be based solely upon listings or proclaimed areas of expertise. Users are solely responsible for verifying Provider credentials and qualifications, for determining the necessity and adequacy of a Provider’s insurance coverage, and for the ultimate selection of any contractor they might make.
Do Not Disclose Confidential Information. Nothing submitted to this Website is treated as confidential. Because of the nature of the World Wide Web, any and all information provided through this Website and its Service is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Website and its Service may occur. Therefore, you should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Website or its Service. Users must describe their project in general terms only. Specific information should only be revealed outside the scope of the Service after the User has selected a contractor and been in further contact outside the Website and the Service (e.g. via telephone or appointment).
Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, limited revocable license (1) to access and use the Website and its Service strictly in accordance with these Terms and Conditions of Use; (2) to use the Website and its Service solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Service solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other notices contained therein.
Restrictions and Prohibitions on Use. Your license to access and use the Website and its Service are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by the Limited License paragraph above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website, Service or any information or materials retrieved there from; (2) use the Service or any other materials from the Website to develop, or as a component of, an information storage and retrieval system, database, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Service or any other materials from the Website; (4) use the Service or any other materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (6) make any portion of the Website or Service available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Website; (8) decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Website; (10) use the Website or Service for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Website or Service in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws and regulations of the United States.
Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Website or its Service for purpose of gathering information for or transmitting unsolicited commercial email over the Internet to other third parties. Internet email sent to or through Provider’s computer systems or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Website for the purpose of sending unsolicited commercial email.
Intellectual Property Rights. Except for the limited license contained in the Limited License paragraph above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Website, its Service and their content and any software used in connection with the Website and the Service are owned by Provider, its licensors, or Subscribers, as applicable. Except as expressly authorized by Provider, you agree not to modify, sell, distribute or create derivative works based on the Website, its Service, or any related software, in whole or part. For further information, see Copyright.
No Solicitation. You shall not distribute to any persons or entities identified via the Website or its Service any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Contractors are prohibited from soliciting employment from prospective customers through the Website or any of its interactive features. In interactive forums made available through this Website if any, you may discuss or recommend third-party Websites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Websites, products or services, or the recommendation of such. In no event may any person or entity solicit any Subscribers or create a directory of contractors through this Website or with data retrieved from this Website.
Registration or Submission of Personally Identifiable Information. Certain sections of this Website may require you to register or submit personally identifiable information. If this is requested, you agree to provide Provider with accurate, complete information, using your real name and accurate information. Each registration or submission is for your personal use only, unless specifically designated otherwise on the page where the information is requested. For those sections of the Website requiring registration, if any, Provider does not permit (a) any other person to use the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by contacting the Provider at the address listed in the Privacy Policy.
License of Your Content to Provider. By uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
Linking to the Website. You may provide links to this Website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website and (b) you discontinue providing links to this Website immediately upon request by Provider.
Third-Party Content. Third-party content may appear on this Website or may be accessible via links from this Website. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider. You agree to abide by any terms, conditions and intellectual property rights of such third parties.
Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.
Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Provider reserves the right to remove any content or links that allegedly infringe another person’s copyright. Provider will terminate, in appropriate circumstances, any Subscriber or User accounts that might exist with respect to Provider’s system or network who are repeat offenders of another’s copyright. Notices to Provider regarding any alleged copyright infringement should be directed to the contact information listed in this Website Privacy Policy.
Representations and Warranties. You represent and warrant that (i) you will provide true, accurate and complete information as may be requested or required to use the Service; (ii) you will not permit third parties to use your email address, or use third parties’ email addresses, in connection with your use of the Service; (iii) you will not use the Service in any manner or for any purpose that violates any local, state, national, or international laws or regulations, or that infringes the intellectual property or privacy rights of others and (iv) you will not use the Service to transmit unsolicited commercial email or any information or materials that are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise similarly objectionable as determined by Provider in its sole discretion.
Errors, Corrections and Additions. Provider does not represent or warrant that the Website or its Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Website at any time and may add additional services to the website. All additional services shall be covered by these Terms and Conditions of Use as part of this Website.
Disclaimer. THE WEBSITE AND ITS SERVICE IS PROVIDED ON AN “AS IS” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE WEBSITE, ITS SERVICE AND THEIR CONTENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, ITS SERVICE AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE OR ANY THIRD PARTY COMMUNICATION DIRECTED TO YOU FROM ANY THIRD PARTY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEBSITE OR ITS SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR ITS SERVICE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.
Limitation of Liability and Damages. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM THE WEBSITE OR ITS SERVICE, FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS SERVICE OR FROM THESE TERMS AND CONDITIONS OF USE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEBSITE, ITS CONTENT; OR ITS SERVICE AND (B) YOUR PARTICIPATION IN INTERACTIVE AREAS OF THE WEBSITE INCLUDING BUT NOT LIMITED TO BLOGS, CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS AND (C) THESE TERMS AND CONDITIONS OF USE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU OR ANY THIRD PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES SHALL BE LIMITED TO $1.00.
Waiver and Release. You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, affiliates, and its and their directors, officers, employees and agents, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Service, any disclosure of information resulting from your use of the Service, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Service.
Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claims, demands, actions, and judgments, including reasonable attorneys’ fees and costs, made by any third party, including a Subscriber, relating to or arising out of: (i) your use of the Website or its Service; (ii) any interaction or transaction between you and a Subscriber; (iii) your breach of these Terms and Conditions of Use; (iv) your violation of any rights of a third party.
Termination. Provider may terminate your use of the Website or its Service immediately at any time if you breach any provisions of these Terms and Conditions of Use, misuse the Website or its Service in any way, or use the Website or its Service in any way that interferes or interrupts the proper use of the Website or its Service by others. Misuse of the Service may cause irreparable harm to Provider, for which monetary damages will not be a sufficient remedy. As a result, in addition to any other remedies, Provider will be entitled to injunctive relief to prevent misuse of the Service.
Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider’s Websites and their features.
Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Dispute Resolution.This Agreement shall be treated as though it were executed and performed in Pinellas County, Florida and shall be governed by and construed under the laws of Florida (without regard to conflict of law principles). Any dispute arising out of or relating to this Agreement shall be resolved in a binding arbitration under the auspices of the American Arbitration Association in Pinellas County, Florida under the then current Commercial Arbitration Rules of the American Arbitration Association. Besides all other rights and remedies a party may have, the prevailing party in any arbitration or legal action shall be entitled to an award of its reasonable attorneys’ fees and costs. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. This binding arbitration provision shall not, however, prevent either party from seeking equitable or injunctive relief in a court of competent jurisdiction. Users agree that any unauthorized and/or unlawful use of the Website would cause irreparable injury to Provider for which monetary damages would be inadequate. In such event, Provider shall have the right, besides other remedies available to it under this Agreement, to immediate injunctive relief against Users without the need to post a bond. Nothing in this Agreement shall be construed to limit any legal remedies available to Provider. To the extent permitted by law, you agree you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy you may have against Provider and its publishers, advertisers, employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Provider incurs in seeking such relief. This preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of your rights and remedies to pursue a claim individually and (ii) is an independent agreement.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Provider will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Furthermore, you agree that you will not seek to have any dispute against any advertiser to whom you are referred heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Florida and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Broward County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
Privacy. Your use of the Website is also subject to Provider’s Privacy Policy, which you link to by clicking here: Privacy Policy.
Modifications to Terms of Use. Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Website after any such changes constitutes your consent to such changes.
Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Website and constitute the entire agreement between you and Provider with respect to access to and use of the Website. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Non-Assignment. These Terms and Conditions of Use are not assignable or transferable and may not be sublicensed by you without Provider’s prior written consent. Provider may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions of Use.