Terms and Conditions for PlumReview
1. Agreement to Terms
The use of the PlumReview, LLC (“PlumReview) website signifies an understanding and acceptance of the terms and conditions outlined herein. These terms constitute a legally binding agreement between the user and PlumReview.
2. Definitions
To ensure clarity and prevent ambiguity throughout this document, the following terms shall have the meanings ascribed to them below:
User: Any individual or entity accessing or using the PlumReview website.
Contractor: Any individual or entity whose work is reviewed on the PlumReview website.
Review: The expert evaluation and associated findings regarding a Contractor's work, based on an on-site visit conducted by PlumReview.
Website: The online platform known as PlumReview, including all its pages, features, and content.
PlumReview: The company operating and providing the PlumReview website.
Expert Review: The detailed assessment of a Contractor's completed work, derived from a physical inspection of the worksite by a qualified expert representing PlumReview, and documented in a format to be published on the Website. This process involves on-site evaluation and recording of the work, followed by the publication of findings.
3. User Accounts
3.1 Registration and Eligibility
PlumReview may require users to create an account to access certain features or areas of the Website. As a condition of using the Website, users agree to provide PlumReview with true, accurate, current, and complete information as requested in the registration forms and to maintain and promptly update the truthfulness, accuracy, and completeness of such information. If a user is acting on behalf of a business or other entity, they represent and warrant that they possess the full authority to bind that entity to these Terms & Conditions. PlumReview establishes a minimum age requirement for users, which is set at eighteen (18) years of age. PlumReview reserves the right to refuse registration to or terminate the account of any user who does not meet these eligibility requirements or who provides false or incomplete information.
3.2 Account Responsibilities
Users bear the sole responsibility for maintaining the confidentiality of their login credentials, including their password and any other account information not generally accessible to others. Furthermore, users are fully responsible for all activities that occur under their username and password and agree to notify PlumReview immediately of any unauthorized use of their account. Users acknowledge and agree that they are liable for any losses incurred by PlumReview or others due to any unauthorized use of their account that arises from their failure to comply with these Terms & Conditions.
3.3 Account Termination
PlumReview reserves the right, without notice and for any reason, to remove any content from the Website, to modify, suspend, or discontinue the Website, and/or to deny access of any user to all or any part of the Website. This right extends to the termination of user accounts. PlumReview may terminate a user's account for any reason, including but not limited to, a violation of these Terms & Conditions. Specific reasons for termination may include providing false or inaccurate information during registration or at any other time, engaging in prohibited user conduct as outlined in Section 4, or misusing the platform in any manner that PlumReview deems inappropriate.
4. User Conduct
PlumReview is committed to fostering a respectful and constructive environment for all users. To this end, all users are expected to adhere to the following guidelines of conduct. Users must interact with each other and with PlumReview in a respectful manner. This includes being considerate of others' opinions and property. Users must refrain from engaging in abusive, harassing, discriminatory, offensive, or illegal conduct of any kind. PlumReview strictly prohibits the submission of false, misleading, or defamatory information. Furthermore, users are restricted from interfering with the proper operation of the PlumReview website or attempting to gain unauthorized access to any part of the platform, other user accounts, or any computer systems or networks connected to the Website. The use of the platform for commercial solicitation, spamming other users, or engaging in any form of data mining or harvesting of user information is strictly forbidden. It is expected that all interactions on the PlumReview platform will be professional and honest. Users should honor any agreements made and be transparent about their expectations and limitations. PlumReview maintains a zero-tolerance policy towards discrimination based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other protected characteristic. Violation of these user conduct guidelines may result in the suspension or termination of the user's account.
5. Content Submission and Review Guidelines
5.1 Rules for Submitting Reviews
An acceptable expert review on PlumReview must primarily focus on an objective evaluation of the contractor's work quality, based on the on-site visit conducted by the PlumReview expert. A review should include detailed descriptions of the specific work evaluated, clear and factual observations made during the on-site visit, and an objective assessment of the work based on pre-defined criteria established by PlumReview. Personal opinions, biases, or any information that is not directly related to the contractor's work performance are prohibited. Accuracy and truthfulness are paramount in all submitted reviews. Reviews should be submitted within a reasonable timeframe after the completion of the on-site evaluation, the specific duration of which will be determined and communicated by PlumReview.
5.2 Accuracy and Prohibited Content
PlumReview explicitly prohibits the submission of any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable. This includes any language or imagery that could be deemed offensive or inappropriate. To protect the privacy of individuals, the inclusion of personal information of contractors or clients without their explicit consent is strictly forbidden. Furthermore, users are prohibited from submitting content that infringes upon the intellectual property rights of others, such as copyrights, trademarks, or patents. The submission of spam, advertising, or any other unsolicited promotional material is also strictly banned. Content that is false, misleading, or intentionally misrepresents the quality of a contractor's work is prohibited.
5.3 Moderation and Editorial Control
PlumReview reserves the right to exercise moderation and editorial control over submitted reviews. PlumReview reserves the right to review, edit, refuse to publish, or remove any submitted review at its sole discretion, and this may occur without prior notice to the user. PlumReview's editorial control will primarily focus on ensuring compliance with these Terms & Conditions and maintaining the overall quality of the platform's content. PlumReview explicitly states that it does not endorse any submitted reviews and is not responsible for the accuracy, completeness, or objectivity of the opinions expressed therein. In the event of disputes arising from a review, PlumReview will establish a process for addressing these concerns, which may include a mechanism for the reviewed contractors to submit a response or clarification. PlumReview retains the right to temporarily remove or hide reviews that are subject to an active dispute until a resolution is reached. However, PlumReview does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the PlumReview website or the materials contained therein.
6. Intellectual Property
6.1 Ownership of Website Content
All content featured on the PlumReview website, including but not limited to its design, layout, logos, graphics, images, text, software, and all other materials, is owned by or licensed to PlumReview and is protected by applicable copyright, trademark, and other intellectual property laws. Users are expressly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, or otherwise exploiting any of the website content without the express prior written permission of PlumReview.
6.2 Rights to User-Submitted Content
While users retain ownership of the expert reviews they submit to PlumReview, by submitting such content, they grant PlumReview a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, distribute, display, and modify the review on the Website and in any related materials. Users represent and warrant that they possess the full right and authority to submit the content to PlumReview and that the content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party. Furthermore, users acknowledge and agree that this license granted to PlumReview cannot be terminated by them once their content is submitted to the Website. PlumReview shall also have the right to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of user-submitted content by any other party.
7. Disclaimers of Warranties and Limitation of Liability
7.1 Disclaimer of Warranties
The PlumReview website and all content, services, and features offered on or through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. PlumReview specifically disclaims any warranties regarding the Website's uninterrupted functionality, availability, or freedom from errors or viruses. PlumReview does not warrant the accuracy, completeness, reliability, or timeliness of the reviews or any other content available on the Website. Furthermore, PlumReview explicitly states that it does not endorse or guarantee the quality, reliability, or outcome of the work performed by the contractors reviewed on the platform.
7.2 Limitation of Liability
To the maximum extent permitted by applicable law, PlumReview, its affiliates, officers, directors, employees, agents, suppliers, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in any way connected with the use of the PlumReview website, the reviews published on it, or the inability to use the Website, regardless of the legal theory, whether based in contract, tort (including negligence), strict liability, or otherwise, even if PlumReview has been advised of the possibility of such damages. In no event shall PlumReview's total aggregate liability to any user for all claims arising out of or relating to these Terms & Conditions or the use of the Website exceed the amount of $1,000. PlumReview specifically excludes liability for the actions, omissions, or any issues arising from the work performed by the contractors reviewed on the platform. Users acknowledge and agree that their sole and exclusive remedy for any dissatisfaction with the Website or the reviews is to cease using the Website.
8. Privacy Policy
PlumReview is committed to protecting the privacy of its users. A comprehensive Privacy Policy has been developed to detail the collection, use, and protection of personal information. This Privacy Policy is a separate document and is an integral part of these Terms & Conditions. By using the PlumReview website, users acknowledge that their use is also governed by the terms and conditions of the Privacy Policy. The Privacy Policy outlines the types of personal information PlumReview collects from users, how this information is used, with whom it may be shared, and the rights users have regarding their personal data. Users are encouraged to carefully review the PlumReview Privacy Policy to understand how their personal information will be handled. A link to the Privacy Policy can be found below.
9. Third-Party Links
The PlumReview website may contain links to third-party websites, such as the websites of reviewed contractors. PlumReview explicitly states that it is not responsible for the content, privacy policies, or practices of any third-party websites linked to from its platform. These links are provided for user convenience only, and their inclusion does not imply any endorsement by PlumReview of the linked website or its content. Users acknowledge and agree that they access any third-party websites at their own risk. PlumReview advises users to carefully review the terms and conditions and privacy policies of any third-party websites they choose to visit. PlumReview shall not be held liable for any loss or damage of any kind incurred as a result of a user's interaction with any third-party website.
10. Indemnification
Users agree to indemnify, defend, and hold harmless PlumReview LLC, its affiliates, officers, directors, employees, agents, contractors, suppliers, and licensors from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with their use of the PlumReview website, their submitted content (including but not limited to the expert reviews), their conduct on the Website, or their violation of these Terms & Conditions. This indemnification obligation extends to any claims related to the accuracy, legality, or infringement of third-party rights by their submitted reviews, as well as any disputes that may arise between a user and a contractor reviewed on the platform. By agreeing to these Terms & Conditions, users acknowledge their responsibility for their actions and content on the PlumReview platform and agree to protect PlumReview from any legal repercussions that may arise as a result of their activities.
11. Governing Law and Dispute Resolution
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms & Conditions or the use of the PlumReview website shall be brought exclusively in the state or federal courts located in Santa Clara County, California. Users hereby irrevocably consent to the personal jurisdiction of such courts for any such actions or proceedings. PlumReview may also consider including a clause regarding alternative dispute resolution, such as binding arbitration, and a waiver of class action rights, which could be detailed further in this section.
12. Modification of Terms
PlumReview reserves the sole and absolute right to modify or update these Terms & Conditions at any time, without prior notice to users. Any changes to these Terms & Conditions will be effective immediately upon being posted on the PlumReview website, with the "Last Updated" date at the top of the page being revised accordingly. PlumReview may, at its discretion, also provide notification of significant changes to registered users via email. Users are responsible for regularly reviewing these Terms & Conditions to stay informed of any updates. The continued use of the PlumReview website after any such modifications are posted shall constitute the user's acceptance of and agreement to be bound by the revised Terms & Conditions. If a user does not agree with the modified terms, their sole remedy is to cease using the PlumReview website.
13. Contact Information
For any questions, concerns, or inquiries regarding these Terms & Conditions or the PlumReview website, users may contact PlumReview at the following:
PlumReview
privacy@plumreview.com
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14. On-site Evaluation Terms
The core service of PlumReview involves conducting on-site evaluations of contractor work by qualified experts. These evaluations will be scheduled at a mutually agreed-upon time with the property owner or their representative. Access to the worksite must be provided to the PlumReview expert at the scheduled time to facilitate the evaluation. The scope of the evaluation will be determined by PlumReview and may vary depending on the nature of the contractor's work. PlumReview experts will employ various data collection methods during the on-site visit, which may include visual inspection, photography, videography, and note-taking, to accurately document the work performed. By agreeing to have their work reviewed by PlumReview, contractors and property owners acknowledge and consent to these data collection methods. There may be certain limitations to the evaluation process based on factors such as accessibility, safety concerns, or the stage of completion of the work. PlumReview will strive to conduct a thorough and objective evaluation based on the conditions present at the time of the on-site visit. It is important to note that the evaluation reflects the expert's observations at a specific point in time and may not be indicative of future work quality or any changes that may occur after the evaluation. Property owners and contractors are responsible for ensuring a safe environment for the PlumReview expert during the on-site visit. PlumReview reserves the right to reschedule or cancel an evaluation if the worksite is deemed unsafe or if access is not provided as agreed.
15. Publishing of On-Site Evaluations and Findings
The findings of the on-site evaluations will be compiled into expert reviews and published on the PlumReview website. These reviews will be made accessible to users of the Website to provide insights into the quality of contractor work. The reviews will typically include a detailed description of the work evaluated, observations made during the on-site visit, and an objective assessment based on PlumReview's criteria. PlumReview retains the right to use the published review findings for marketing and promotional purposes, consistent with the license granted by users in Section 6.2. This may include featuring reviews on the Website's homepage, in marketing materials, or on social media platforms. PlumReview strives to present the review findings in a fair and balanced manner. However, it is explicitly stated that PlumReview does not guarantee any specific outcome or business opportunities for the contractors whose work is reviewed on the platform. The reviews are intended to serve as informational resources for users and should not be interpreted as endorsements or guarantees of future performance. PlumReview reserves the right to determine the format, placement, and duration of the publication of review findings on the Website.
16. Other Terms
If PlumReview charges users or contractors for any of its services, the specific payment terms, including fees, billing methods, and refund policies, will be outlined in a separate agreement or on a designated section of the Website.
Severability: If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Whole Agreement: These Terms & Conditions, together with the Privacy Policy and any other legal notices published by PlumReview on the Website, constitute the entire agreement between the user and PlumReview concerning the use of the Website and supersede all prior and contemporaneous communications, agreements, representations, and warranties, both oral and written, with respect to the Website.
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