Terms & Conditions
Pro View List Terms & Conditions.
ACCEPTANCE OF TERMS
The Pro View List website, accessible at proviewlist.com and part of the Pro View List website at www.proviewlist.com, along with related sites, mobile applications, and the various Offer Services, is owned and operated by Pro View List. Your access and use of these services are governed by the terms and conditions outlined below (“Terms and Conditions”). These Terms and Conditions incorporate the Pro View List Website Terms of Use, the Pro View List Privacy Policy, and any other supplemental terms, legal notices, or communications provided to you. Please carefully read these Terms and Conditions; by accessing, downloading, purchasing, using, or attempting to use any Offer Services, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions, refrain from accessing, using, or attempting to use any Offer Services.
MODIFICATIONS OF TERMS AND CONDITIONS
Pro View List reserves the right, at its sole discretion, to modify these Terms and Conditions at any time, effective upon posting the modified Terms and Conditions on the Offer Services. This may be done with or without additional notice to you. It is your responsibility to regularly review the posted information to stay informed of changes. If you disagree with the amended terms, you must immediately cease using the Offer Services and notify Pro View List to remove you from any relevant communication lists. Continued use of the Offer Services after such posting or notification signifies your acceptance and agreement to be bound by the modified Terms and Conditions.
QUALITY SERVICE GUARANTEE
If you are an Eligible Member and are dissatisfied with the quality of your Qualified Purchase, submitting a Quality Service Claim entitles you to resolution with the service provider or a refund up to your Purchase Price. This is subject to the terms and conditions outlined in Exhibit B.
MODIFICATION, LIMITATION, AND DISCONTINUANCE
Pro View List reserves the right to limit access, modify, change, or discontinue any Offer Services at any time, with or without notice. Pro View List will not be liable for any such modification, suspension, or discontinuance. General practices, policies, and limits may be established concerning the use of Offer Services, whether or not published.
FEEDBACK
Pro View List values feedback but cannot accept or consider unsolicited creative ideas, suggestions, or materials. Submissions become the property of Pro View List, and none are subject to confidentiality obligations. Pro View List is not liable for future use or disclosure of Submissions.
WARRANTIES AND DISCLAIMERS
The Offer Services are provided on an “as is” and “as available” basis. Pro View List disclaims all warranties, whether expressed or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Pro View List does not guarantee that Offer Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that provided content or information will not be disclosed. Participation in Offer Services is at your own risk. Some jurisdictions do not permit disclaimers of implied warranties; in such cases, certain disclaimers may not apply.
LIMITATION OF LIABILITY
Your use of Pro View List services is subject to the following limitations on liability:
General Damages: Pro View List will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential, or exemplary damages (collectively, “Damages”) resulting from your participation in the Offer Services, any matter related to the Pro View List site and services, or any specific Offer Promotion. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not allowed, and in such cases, some limitations may not apply to you.
Liability Cap: If Pro View List is found liable for anything related to this agreement or the use of any Offer Services, its liability for damages will not exceed the equivalent of the value of the specific voucher you purchased through the Offer Services.
Third-Party Processing: Pro View List contracts with a third party to process your payment through the use of a credit card (“Credit Card Processor”). You understand and agree that neither the Credit Card Processor nor any other party involved in the credit card processing process for Pro View List shall be liable for any damages suffered by you as a result of any breach of this agreement by Pro View List.
You release each of the released parties, including the Credit Card Processor, from any damages you may suffer as a result of any breach of this agreement by Pro View List and agree to indemnify and hold harmless each of the released parties for any damages they may suffer due to your breach of this agreement.
INDEMNIFICATION AND RELEASE
Indemnification: You agree to indemnify, defend, and hold harmless Pro View List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers, and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees and court costs, arising from:
Your use, access to, or purchase of any voucher, specific Offer Promotion, or the Offer Services generally.
Any violation of this agreement by you.
Any goods or services purchased by you pursuant to the Offer Services.
Any violation of the rights of another or harm you may have caused to another.
Release: You release Pro View List from any and all claims or liability related to any product or service of a Service Provider, any action or inaction by a Service Provider, including failure to comply with applicable law and/or failure to abide by the terms of a voucher or Offer Services, and any conduct or speech, whether online or offline, of any other party.
ENTIRE AGREEMENT
Comprehensive Agreement: These Terms and Conditions, along with the Pro View List Website Terms of Use, Pro View List Privacy Policy, and all other relevant supplemental terms and Voucher Terms, govern your use of the Offer Services and constitute the entire agreement between you and Pro View List with respect to the Offer Services. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral.
Third-Party Agreements: Additional terms and conditions may exist between you and third parties, including Service Providers. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Pro View List under this agreement.
GOVERNING LAW
This agreement and the relationship between you and Pro View List will be governed by the laws of the State of Washington. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Clark County, Washington, waiving any defense of lack of personal jurisdiction or improper venue. Any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose.
MISCELLANEOUS
Remedies: If you breach any term of these Terms and Conditions or any other agreement with Pro View List, legal or equitable remedies may be pursued, including direct, consequential, and punitive damages and injunctive relief.
Waiver: Failure of Pro View List to exercise any remedy or enforce any portion of the Terms and Conditions at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
Severability: If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the Terms shall otherwise remain in full force and effect and enforceable. The court may incorporate a similar valid provision.
Assignment: These Terms and Conditions are not assignable, transferable, or sublicensable by you except with Pro View List’s prior written consent. Pro View List may transfer, assign, or delegate the Terms and its rights and obligations without consent.
Regulatory Compliance: Users of the Sites and Services are responsible for compliance with all applicable regulations and laws.
No Joint Venture: No joint venture, partnership, employment, or agency relationship exists between you and Pro View List as a result of these Terms and Conditions or use of the Sites and Services.
Third-Party Beneficiaries: Each of the Released Parties shall be an intended third-party beneficiary of these Terms and Conditions.
AGREEMENT ACCEPTANCE
By using the Site, you acknowledge that you have read and understood the Terms and Conditions of this Agreement and agree to be bound by them. If you do not agree to all of the Terms and Conditions, you must not use the Site or participate in any of the Offer Programs.
Before an Eligible Member can submit a Service Quality Claim, they must first submit a member review of the Qualified Service on proviewlist.com, describing (i) the Eligible Member’s honest and accurate description of the performance of the Qualified Service; (ii) specifying the item(s) contributing to the member’s dissatisfaction with the services performed. Pro View List expressly disclaims any control or influence on the member’s review.
Members are encouraged to submit reviews early in the process, as the member review is the ideal opportunity to ensure alignment of expectations and communications to resolve any issues.
The Eligible Member must submit a Service Quality Claim within 30 days of Substantial Completion of the Qualified Services and in no event later than 120 days after the date of the Qualified Purchase (“Claim Period”). “Substantial Completion” means sufficiently complete, following the service description of the Qualified Service.
The Service Quality Claim shall include: (i) name; (ii) purchase confirmation number; (iii) description of satisfaction issue; (iv) summary of steps taken to resolve the issue with the service provider, if any; (v) desired resolution; and (vi) contact information.
The Eligible Member must participate in good faith in Pro View List Guarantee Remediation Process, whereby Pro View List will work with the Eligible Member and the service provider to address the issue.
Good faith participation will depend on the facts and circumstances of the Service Quality Claim, and Pro View List reserves the right to determine whether the Eligible Member has participated in good faith.
If the Guarantee Remediation Process is unsuccessful in resolving the Service Quality Claim with the original service provider, Pro View List may offer the Eligible Member an alternative service provider or refund the Eligible Member up to the Purchase Price.
The available refund under the Service Quality Guarantee is up to the Purchase Price and, in no event, more than $100,000.
Only one Service Quality Guarantee Claim may be submitted for each Qualified Purchase, and Eligible Members are only permitted to receive up to three (3) Service Quality Guarantee refunds per calendar year.
In no event will Pro View List, Inc., its directors, officers, employees, agents, or other representatives be liable for any damages arising out of or related to this Service Quality Guarantee, and the total liability of Pro View List, Inc., whether in contract, warranty, tort (including negligence), or otherwise, will not exceed the Service Purchase Price and, in no event, more than $100,000.
The Service Quality Guarantee is not insurance, and Pro View List, Inc. reserves the right to modify or cancel this offer and the terms and conditions at any time in its sole discretion and without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your purchase of Qualified Services after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your eligible membership.
The Service Quality Guarantee is not transferable.
The Eligible Member agrees that acceptance of a Service Quality Guarantee refund represents their full release of Pro View List, Inc. of all known or unknown claims, complaints, promises, causes of actions, costs, losses, and expenses whatsoever, existing now or in the future, under any applicable law.