These Terms of Use (the "Terms of Use" or "Terms") are entered into by and between you and OnCall PRO, Inc. ("Company," "we," or "us"). The Terms of Use govern your access to and use of the OnCall Pro platform, including any content, functionality, and services offered on or through www.oncallpro.ai (the "Website" and collectively, the "Services"). These Terms of Use apply to all users of the Services and the Website, including, but not limited to, property managers ("Managers"), vendors providing building maintenance services ("Vendors"), and community associations ("Community Associations") ("you" or "your," and collectively, "Users"). If you are using the Services and agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of your organization or entity and to bind them to these Terms (in which case, references to "you" and "your" refer to that organization or entity).
Please read the Terms of Use carefully before you start to use the Services. By using or registering for the Services you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Services.
The Services are offered and available to users who are 18 years of age or older and reside in the United States. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Services following the posting of revised Terms confirms your continued consent to be bound by the Terms. Please regularly check the Terms for updates.
The Services are a marketplace that enables Managers or Community Associations (collectively, "Clients") to engage Vendors for building maintenance services ("Vendor Offerings"). Vendors are the sellers and issuers of Vendor Offerings and are solely responsible to you for the care, quality, and provision of the goods and services provided. Company is not an agent of any Vendor. Descriptions of Vendor Offerings are provided by the applicable Vendor. We do not investigate or vet Vendors and are not responsible for any claims associated with the description of Vendor Offerings. Clients should make whatever investigation they deem necessary or appropriate before selecting a Vendor through a Request for Proposal ("RFP") or purchasing any
Vendor Offering to determine whether the Vendor is qualified to perform the advertised service and if the Vendor Offering is of the care and quality required. Clients are responsible for any information provided to a Vendor. We have no responsibility or liability for any Vendor Offering. We may implement artificial intelligence or machine learning functionality, including, but not limited to, technologies that assist Clients in generating and issuing RFPs. If Clients use such RFP functionality, Clients are required to review and approve before issuing the RFP.
We make no representations that the Services are appropriate or available for use in any location or geographical region. You access and use the Services at your own volition and are entirely responsible for compliance with all applicable laws, rules, and regulations in the applicable jurisdiction. We may, without prior notice and at our sole discretion, change the Services, stop providing the Services or certain features of the Services, or create usage limits for the Services.
When you use the Services, you agree to the applicable pricing and payment terms. We may add new features for additional fees and charges, or amend fees and charges for existing features, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Your continued use of the applicable Services after any price change becomes effective constitutes your agreement to pay the changed amount. All payments are nonrefundable unless otherwise expressly stated herein. Each Client and Vendor, as applicable, authorizes us to: (i) collect from Client all fees and applicable taxes due for the Vendor Offering ("Vendor Payments") and our service fees ("Client Fees"); (ii) retain the Client Fees; and (iii) pay to the applicable Vendor the Vendor Payments within thirty (30) days of receipt.
To access or use the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You are responsible for all activity that occurs in association with your use of the Services. We are not liable for any loss or damage caused by your failure to maintain the confidentiality of your account credentials. Please contact us at support@oncallpro.ai if you discover or suspect any security breach related to the Services or your account.
We have the right to disable any User account in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Use.
In addition to any other restrictions set forth in these Terms, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Services; (ii) circumvent, disable, or otherwise interfere with security-related features on the Services; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services; (iv) access or use the Services in any manner that may damage, disable, unduly burden, or impair any part of the Services, or any servers or networks connected to the Services; (v) post information or interact with the Services in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Services for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Services; (viii) interfere or attempt to interfere with the Services provided to any User or network, including, without limitation, via means of submitting a virus to the Services, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Services in violation of these Terms, or copy or create any derivative work of the Services; (x) use the Services in any way that infringes or misappropriates any third party's rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) use any Materials or any other information that constitutes the Company's confidential information to develop or operate products or services in competition with the Services.
No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Services, including the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, brand assets, phrases, and slogans are trademarks of and owned by the Company or its affiliates or licensors. You must not use any of the foregoing without the prior written permission of the Company. All other names, logos, product and service names, designs, brand assets, phrases, and slogans on this Website and the Services are the trademarks of and owned by their respective owners.
The Services may contain chat functions, reviews, forums, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display, or transmit to other Users content or materials (collectively, "User Contributions") on or through the Services. We reserve the right to reject or remove any User Contributions that we believe, in our sole discretion, violate these Terms.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User.
You hereby grant to us: (i) a nonexclusive, worldwide, fully paid, royalty-free, right and license to download, receive, collect, access, modify, copy, store, retain, and otherwise use User Contributions in order to provide and support the Services or otherwise upon your consent or direction, and to develop and improve the Services; and (ii) a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free right and license to collect, retain, store, use, modify, distribute, and disclose User Contributions in aggregated and anonymized form and any inferred insight relating to User Contributions for any purpose whatsoever, provided that any such disclosure does not identify you or any third party by name or description sufficient to identify you or such third party as the source or subject of such information, in whole or in part. You acknowledge and agree that User Contributions will be shared with other Users you engage in transactions with through the Services.
We operate the Services in compliance with 17 U.S.C. §512 and the Digital Millennium Copyright Act ("DMCA"). It is our policy to respond to any infringement notices and take appropriate actions under the DMCA and other applicable intellectual property laws. The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing us of an alleged copyright infringement, the complaint must do the following: (i) identify the copyrighted work(s) that allegedly has been infringed; (ii) describe the material that is claimed to be infringing and provide sufficient information to permit us to locate that material; (iii) provide your contact information, including an address, telephone number, and email address; (iv) certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law; (v) certify that the information that you have provided us is accurate; and (vi) include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner. Before the complainant alleges an infringement, complainant should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at http://www.copyright.gov/circs/circ01.pdf, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work. Where it has been clearly established that a user is a repeat offender, we may, in our sole discretion, terminate such user's account. If you believe that your copyrighted work is being infringed on the Service, please notify us at the email address at the end of these Terms.
We may update Services from time to time, but its content is not necessarily complete or up-to-date. Any of the materials on the Website may be out of date at any given time, and we are under no obligation to update such material.
All personal information we collect, use, and share is governed to our Privacy Notice www.oncallpro.ai/privacy, which is hereby incorporated into these Terms. You agree that your access to and use of the Services is governed by our Privacy Notice.
The Company is not responsible for any links to third-party websites, apps, or services, including social media platforms.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY VENDOR OFFERING, ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED WEBSITE OR SERVICE. WE EXERCISE NO CONTROL OVER AND EXPRESSLY DISCLAIM ANY LIABILITY RELATED TO OR ARISING OUT OF ANY VENDOR'S OR OTHER THIRD PARTY'S DATA COLLECTION AND USE PRACTICES. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INJURY OR DAMAGE SUFFERED BY ANY USER HEREUNDER.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Users are solely responsible for interactions with other Users. To the extent permitted under applicable law, you hereby release the Company from any and all claims or liability related to any Vendor Offering, any action or inaction by a Vendor or any other User, including without limitation, a Vendor's failure to comply with applicable law and/or failure to abide by the terms of a Vendor Offering, and any conduct or speech, whether online or offline, of any other third-party.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES, ANY VENDOR OFFERINGS OR OTHER OFFERINGS AVAILABLE THROUGH THE SERVICES, OR THESE TERMS INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY YOU OR A THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THESE LIMITS. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A VENDOR OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS. IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Services, including, but not limited to, your use of the Vendor Offerings, your User Contributions, and any use of the Services other than as expressly authorized in these Terms of Use.If you are an organization or entity, then your indemnification obligations under this Section also apply to any use of the Services by your authorized Users.
The Company retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control over any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Except as expressly set forth herein, any dispute, claim, or controversy (each, a "Claim") arising out of or relating to these Terms will be settled by binding arbitration administered by the American Arbitration Association (the "AAA") in accordance with the provisions of its Commercial Consumer Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any Claim that all or any part of these Terms is void or voidable. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act, 9 U.S.C. § 1, et seq. shall exclusively govern the interpretation and enforcement of any arbitration. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
Each party acknowledges and agrees to waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, each party retains the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyright, trademark, trade secret, patent, or other intellectual property right. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this section shall be given full force and effect. Any Claim or cause of action you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Washington, DC.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use constitute the sole and entire agreement between you and On Call Pro regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
This website is operated by OnCall Pro Inc. at 1255 Union St. NE, 7th Floor, Washington, DC 20003.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@oncallpro.ai.