We are not directly responsible for any increase or lose in revenue.
Estimates: Your estimate is generated based on national averages of costs associated to related products and services. You agree that PRG and its partners are NOT obligated to any pricing quoted on this estimator. Many variables can effect actual costs that we are not aware of during this estimating process such as Actual square footage, Stone selection, other fees due to distance, demolition, reapairs, delays, state taxes, local fees, permitting etc. By agreeing to these terms and conditions you release PRG and its partners from any obligation associated to this estimate as this estimate is only for the sole purpose of providing a general cost analysis based on your inputs into the program.
The increase is conversions is based on placement of the estimator in a prominent place when the customer lands on your landing pages from your adwords campaigns that are related to the sales of countertops specifically when marketing to the price conscious buyer. We are not responsible for any adwords advertising or any lost or increase in revenue. Unless you know exactly what your conversion rate on your adwords buy is for the last 30 days validation of the X% increase will not be possible and is only being used to illustrate that based on our experience this tool does increase the conversion of a website visitor to a lead or contact better than a website that does not have a similar application.
You are an at will user of the service and will not hold PRG responsible for any transaction associated with a product or service which we provide. You agree to hold PRG harmless from any prosecution as it relates to our products and service. It is clearly stated and confirmation agree to by all parties using the instant estimator that the estimate is non binding and to seek the assistance of a professional such as your self. The estimate is to provide a general estimate based on user input. Some estimate submissions are flagged as spam, users must pass our basic form validation in order for a lead to be submitted for consideration, some spam like estimate data may pass though the system and we suggest that you simply discard.
Quotes: Quote request data is shared with our partners in efforts to facilitate your request. Information that you have submitted is shared with prospective partners within our network of service providers and third parties for the intended purpose of facilitating your quote request.
PRG is not liable for the transimission of this data to any partner and partners are not responsible to even know that this quote or estimate even exists as this estimator is purly for information al purposes only and is non binding.
Questions about privacy please see our privacy statement.
WHEREAS, PRG, through its network of internal and external sources obtains certain information regarding individuals who have submitted information related to the products and/or services offered by the Client. (Each bundle of such information received by PRG is, collectively, a "Contact Referral"); and
WHEREAS, Client would like to purchase Contact Referral and other related services from PRG in accordance with the terms set forth herein (hereinafter collectively "Services")
NOW, THEREFORE, in consideration of the Service Charges to be paid by Client and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:
1. PRG Services and Service Charges This agreement governs the Services to be provided by PRG and the Service Charges to be paid by Client to PRG for such Services.
Term & Termination
1. The "Initial Term of this Agreement is for 30 days, beginning on the date of the Client’s first receipt of Services from PRG (e.g. the transmission of a Contact Referral). The Initial Term will exclude any period during which PRG temporarily suspends Services to Client for any reason. Following the Initial Term o the Agreement, (1) this Agreement will automatically renew for successive thirty (30)-day periods, and (2) either Party may terminate this Agreement by providing 30 Days written notice to the other Party. The 30 Day notice period will begin upon the notified Party’s actual receipt of the written Notice of Termination which must be sent by nationally recognized overnight courier service or by registered or certified U.S. Mail, postage prepaid, with return-receipt requested. PRG will continue to provide Services to Client, and Client will be responsible to pay the applicable Service Charges, during the 30-Day period prior to the effective date of the termination.
2. Client acknowledges and agrees that, upon the expiration or termination of this Agreement for any reason, PRG shall no longer provide any Services hereunder and all rights and licenses granted to Client hereunder shall terminate and Client shall have no further license, authorization or right to use or access the Services. Notwithstanding the foregoing, termination or expiration of this Agreement shall not limit either Party from pursuing any other remedies available to it at the time of or in connection with such termination, nor shall such termination release Client from any obligation to pay all Service Charges that have accrued under this Agreement (including any and all addendums) up to the date of termination.
1. Monthly Report; Payment of Service Charges
1. Client shall pay PRG all Service Charges in accordance with the terms set forth in all applicable documentation. Client hereby (i) acknowledges and agrees that any and all Service Chares and other amounts payable under this Agreement (including, without limitation any "past due" amounts) may, at PRG's option and with Client’s prior authorization, be paid by charging Client’s credit card on file with PRG; and (ii) agrees that, if Client wishes to dispute any Service Chares paid via credit card hereunder, Client shall first address such disputed Service Charges directly with PRG and may address such disputes with Clients credit card company only if PRG fails to respond to Client’s request to discuss such dispute within a reasonable amount of time following such request.
2. PRG reserves the right to suspend performance of this Agreement, including any and all addendums or schedules if Client fails to make any payment of Service Charges when due, and suspension of performance by PRG in such event shall not constitute a breach of this Agreement.
1. Use of Sources
1. Client acknowledges and agrees that, as between the Parties, PRG does and shall retain all ownership rights in and to PRG’s Contact Sources, including, without limitation, all intellectual property rights therein and thereto, and nothing contained herein shall be deemed to transfer to Client any ownership rights in or to any of the foregoing
2. Client will not deliver or otherwise transmit any information obtained through any PRG Sources to ANY third-party without the express written consent of PRG.
1. Internet Access and Equipment Client will provide, at its own expense, access to the Internet. Client acknowledges that in order to receive Contact Referrals from PRG’s Sources and generally to transact business using the Services, there are certain capabilities required of its computing and telecommunication equipment (both hardware and software). Client will procure for its use, at its own expense, equipment with the ability to receive Contact Referrals from PRG’s Sources, and PRG hall not be responsible or liable if for any reason Clients telecommunications and computing equipment is incompatible with or otherwise insufficient for Client to utilize all or any of the Services.
1. Client shall indemnify, defend and hold harmless PRG (and its sister and affiliate companies and their respective officers, employees, independent contractors and agents) from all claims, demands, suits or actions, and from any and all related losses, costs, expenses, penalties or liability, arising out of or resulting from (i) any breach of this agreement by Client, (ii) any default or negligence by Client in the performance of Client’s obligations or the exercise of Clients rights under this Agreement or (iii) any violation of applicable laws by Client
2. In addition to and not in limitation of Clients obligations under Section 6(a) above, PRG shall not be liable or responsible in any way for, and Client shall indemnify and hold harmless PRG from and against any losses arising out of, resulting from or related to, any unauthorized access or Contact Referrals (or any information contained therein) stored or maintained on Clients (or its affiliates’ or vendors’) network, computer system or other electronic database.
1. Review of Information Client agrees that PRG may review the information transmitted and/or delivered to Client in any Contact Referral provided by PRG as part of its Services. PRG reserves the right, in its sole discretion, to (i) preserve any Contract Referral and edit its format (but not its content) and (ii) disclose or otherwise provide access to any Contact Referral delivered hereunder to the extent required to be disclosed or provided pursuant to applicable law, rule or regulation or governmental or other regulatory inquiry or similar reason.
1. Disclaimer of Warranty and Limitation of Liability Except as set forth in this Agreement and any associated addendums or schedules, PRG makes no representation of warranty whatsoever with respect to any Contact Referral provided as part of its Services.
FURTHER, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, CUSTOMER ACKNOWLEDGES AND AGREES THAT (i) THE SERVICES AND ALL INFORMATION PROVIDED TO CLIENT IN CONNECTION THEREWITH (INCLUDING, WITHOUT LIMITATION, IN ANY CONTACT REFERRAL) ARE PROVIDED "AS IS"; (ii) PRG MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE SERVICES OR SUCH INFORMATION; AND (iii) EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH IN THIS AGREEMENT, PRG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF PRG OR ITS AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT)
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, (i) IN NO EVENT SHALL PRG, OR ITS SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (AND WHETHER OR NOT PRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED UPON LOST GOODWILL, LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN ITS USE OR AVAILABILITY, STOPPAGE OF WORK, IMPAIRMENT OF ASSETS OR OTHERWISE, AND WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IN TORT OR OTHERWISE, AND WHETHER BASED ON ANY PROVISION OF THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES RELATING TO THE SERVICES OR ANY TRANSACTION PERFORMED OR UNDERTAKEN UNDER OR IN CONNECTION WITH THIS AGREEMENT; AND (ii) THE AGGREGATE LIABILITY OF PRG TO CLIENT FOR ANY CLAIM UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY CLIENT TO PRG HEREUNDER IN RESPECT OF THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM RESULTING IN SUCH LIABILITY AROSE.
1. Non-Exclusivity This agreement is non-exclusive. Subject to any limitations set forth in the separately executed Schedule(s) or addendums, PRG may enter into similar agreements with other third parties, including, but not limited to, third parties located in Client’s geographic area, and may provide Contact Referrals to such third parties. In addition, nothing herein shall limit or be deemed a limitation on PRG’s right to market and sell any of its products and services (and/or the products and services of PRG’s affiliates) to any clients and potential clients of Client, subject to PRG’s compliance with applicable law, so long as such products and services are not Competitive Products and Services (for purposes of this Agreement and all applicable Schedules hereto, "Competitive Products and Services" are products or services that relate exclusively or primarily to Counter Top Installation)
1. Confidentiality The Parties acknowledge that, in the course of their dealings hereunder, each Party (the "receiving party") may acquire information about the other Party (the disclosing party"), its business activities and operations, its technical information and its trade secrets, all of which are proprietary and confidential (the "confidential information"). Each Party agrees that the terms of this Agreement (including, without limitation, all pricing terms and fee structures hereunder and under any Schedule or Addenda) shall be deemed the Confidential Information of PRG. Each receiving party hereby agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall use the Confidential Information of the disclosing party only as necessary in connection with the performance of its obligations or exercise of its rights under this Agreement; (c) it shall maintain, and shall use commercially reasonable methods to cause its employees, agents and affiliates to maintain, the confidentiality and secrecy of the Confidential Information of the disclosing party, provided, the receiving party shall safeguard all Confidential Information of the disclosing party with the same degree of care (which in no event shall be less than reasonable care) as the receiving party uses to protect its own Confidential Information; and (d) it shall return or destroy all copies of Confidential Information of the disclosing party upon request of the disclosing party. Notwithstanding the foregoing, Confidential Information shall not include and information to the extent that it: (i) is or becomes a part of the public domain through no act or omission on the part of the receiving party; (ii) disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; (iii) is independently developed by the receiving party without reference to or reliance on the disclosing party’s Confidential Information; or (iv) is released from confidential treatment by written consent of the disclosing party.
1. Choice of Law and Forum: Waiver of Jury Trial This agreement will be governed by and interpreted in accordance with the laws of the State of New Hampshire. The exclusive venue for any legal action instituted by either Party against the other Party under this Agreement or otherwise in connection with the Services will be the state or federal courts of New Hampshire. The Parties agree that disputes arising under this Agreement or relating to the obligations and liabilities of Client and PRG hereunder and thereunder are likely to be complex. To the extent possible, the Parties desire to expedite the resolution of such disputes and to minimize the associated costs. Therefore, Client and PRG waive, and covenant that they will not assert (as plaintiff, defendant or otherwise), the right to a trial by jury in any action, counterclaim, dispute or proceeding based upon or related to the subject matter of this Agreement and associated schedule(s). Client and PRG knowingly and voluntarily make this waiver. Customer and PRG acknowledge that they have been represented by (or have had the opportunity to be represented by) counsel in connection with the signing of the Agreement and Schedule(s).
1. Miscellaneous The terms and conditions of this Agreement and the Schedule(s) executed contemporaneously with or subsequent to this Agreement supersede all previous representations, understanding or agreements, oral or written with respect to the subject matter hereof or thereof. The terms and conditions of this Agreement and such Schedule(s) constitute the entire understanding between the Parties with respect to the subject matter hereof or thereof. All changes regarding the terms and conditions of this Agreement and the Schedule(s) must be in writing, signed by PRG. This Agreement is not intended to benefit any third patty, including, without limitation, any customer or client of PRG or Customer, and the parties do not intend to create any third party beneficiary rights under this Agreement. Notwithstanding anything herein to the contrary, PRG shall no be or be deemed to be in default or breach of this Agreement, or otherwise liable or responsible in any way, for any interruption or disruption in Services or for any other delays or failures in the performance of its obligations under this Agreement that result directly or indirectly from the failure of or any necessary upgrades to applicable hardware or software, the Internet, telecommunications facilities or third party software programs or from any cause or circumstances beyond its reasonable control, including but not limited to acts of God, war or warlike conditions, terrorism riot, embargoes, acts of civil or military authority, fire, flood, accidents, strikes or labor shortages, sabotage, transportation facilities shortages, fuel or materials. Client may not assign this Agreement without the prior written consent of PRG. IF any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any breach or any provision of this Agreement (including the applicable Schedule(s)) will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and no waiver will be affective unless given in writing and signed by an authorized representative of the waiving Party. Signatures may be delivered by facsimile or electronic transmission and such signatures will be treated as originals.