Panzella Website Terms & Conditions
**Terms and Conditions for Panzella Inc., dba XP-Dyte Builders Network Lead Referral Website**
This agreement (the “Agreement”) is entered into between you (the “User”) and Panzella Inc., dba XP-Dyte Builders Network (the “Company”) for the use of its home and business renovations lead referral website (the “Platform”). By accessing or using the Platform, User agrees to be bound by the terms and conditions set forth herein.
**1. Registration and Account**:
1.1. Company may require User to register an account with accurate and complete information to access the Platform.
1.2. User is responsible for maintaining the confidentiality of their account credentials and is liable for any activities that occur under their account.
1.3. User agrees to promptly notify Company of any unauthorized access or use of their account.
**2. Use of Platform**
2.1. User agrees to use the Platform solely for the purpose of seeking and receiving leads for home and/or business building renovation services.
2.2. User shall not use the Platform for any unlawful or prohibited purpose or in any manner that could damage, disable, overburden, or impair the Platform or cause harm to the Company in any way.
2.3. User acknowledges that the leads provided by the Platform are for recommendation and informational purposes only and Company does not guarantee the accuracy, completeness, or quality of such leads. User shall make the sole determination as to whether or not a third-party contractor recommended by Company shall be suitable for the project requested by the User. Company requires that User should make whatever investigation or other resources that User deem necessary or appropriate before hiring or engaging any third-party contractor provided to User by Company.
**3. Fees and Payments**
3.1. There is no charge to the User to access the Platform.
3.2. Any fees are subject to change at the discretion of Company upon reasonable notice to User by Company prior to amending these terms and conditions.
**4. Intellectual Property**
4.1. The Platform and its contents, including but not limited to text, graphics, logos, and software, are the property of Company and are protected by copyright, trademark, and other intellectual property laws.
4.2. User agrees not to modify, reproduce, distribute, or create derivative works based on the Platform without the express written consent of Company.
**5. Company Status**
5.1. Company solely operates as a lead referral service connecting Users with third-party licensed building contractors for home and/or business renovation needs.
5.2. User expressly acknowledges and agrees that Company is not a licensed building contractor and does not provide home renovation services directly but via licensed third-party building contractors.
5.3 User acknowledges that no ownership, joint venture, partnership, employment or agency relationship exists between Company and any third-party contractor that Company may refer to the User.
**6. Privacy**
6.1. Company may collect and use personal information provided by User in accordance with its Privacy Policy.
6.2. User agrees to the collection, use, and disclosure of their personal information as described in the Privacy Policy.
6.3 Company does not furnish any personal information provided by User to Company other than a third-party contractor in accordance with this Agreement.
**7. Termination**
7.1. Either party may terminate this Agreement at any time with or without cause upon written notice to the other party. Such termination may be transmitted via electronic mail. The parties expressly acknowledge that electronic mail notice is a written, valid and enforceable notice of termination and effective upon receipt by either party.
7.2. Upon termination, User’s access to the Platform shall cease, and any outstanding fees (if applicable) shall become immediately due and payable.
**8. Limitation of Liability**
8.1. Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Platform.
8.2. In no event shall Company’s total liability exceed the fees paid by User for access to the Platform in the preceding twelve (12) months.
8.3. User acknowledges and agrees that Company does not warranty or guarantee the quality of work and/or services performed by any third-party contractor. The Company uses commercially reasonable efforts to pre-screen all third-party contractors within its lead network and makes no specific guarantee as to the workmanship or conduct as to any third-party contractor and User agrees to hold Company harmless from any and all losses and damages, direct, indirect, incidental, special, or consequential caused by any third-party contractor as a result of receive a lead by Company.
**9. Dispute Resolution**
9.1. User acknowledges and agrees that Company is not liable or responsible for any dispute that may arise between the User and a third-party contractor. Any such dispute as to the actual work performed by the third-party contractor for home renovations is solely between the contractor and the User. User’s sole remedy is seek damages against the third-party contractor and User releases Company from any and all liability.
9.2. User agrees that any agreement between the User and third-party contractor, including but not limited to terms of service, contracts, or agreements, governs the relationship between them.
**10. Governing Law and Jurisdiction**
10.1. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
10.2. Any dispute arising out of or in connection with this Agreement shall be resolved exclusively by the courts of the State of New York with venue resting in Nassau County, New York.
By accessing or using the Platform, User acknowledges that they have fully read, understood, and agree to be bound by these terms and conditions. If User does not agree to these terms, they must refrain from accessing, using the Platform or requesting the Company provide any third-party lead to User.