Terms of Service

Applicable Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. The following terms and conditions form a legal agreement between you and the legal entities of PCM Services, LLC (“PCM”). We use the terms “We”, “PCM”, or the “Company” to refer to each of these entities, as applicable. These Terms and our Privacy Policy govern your access to and use of PCM. By using this site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions, as well as all applicable laws and regulations. If you do not agree to these terms then use of this site is unauthorized, please do not use this site.

Please note that these Terms contain provisions that govern the resolution of claims between PCM and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please see the Dispute Resolution section below for complete details.

Service

PCM acts as a portal to facilitate introductions between consumers and service providers in various verticals (“Provider”) to offer products or services to consumers who have opted into being contacted through PCM to receive authorized quotes from a Provider.

Our Service is free for you to use. We may receive commission and fees from Providers that participate in the Service. The Service rendered by PCM is only available to the residents of the United States, and offers and services provided by Providers may not be available in all states.

You may not accept these Terms or use this Service if you are not of legal age to form a binding contract with PCM. You must not access PCM or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the state in which you reside or from which you access or use PCM.

Terms Specific to Providers

PCM operates through various Providers and may receive compensation from the Providers. Quotes provided by this Service are for products or services that may be available to you at prices estimated by the Providers. Actual availability and pricing are determined by the Providers after you complete an application over the phone. The accuracy of your information, the information further obtained by the Providers and your answers to additional questions on the website, email or on the phone may impact the pricing and availability of the products and services.

We are providing you with an interface to connect you to a number of potential Providers. Any incorrect information entered by you may result in incorrect quotes. We will pass the information we collect to third parties in order to provide our Services.

NEITHER PARTY OWES THE OTHER ANY DUTIES, FIDUCIARY OR OTHERWISE, AND EACH PARTY RELEASES THE OTHER FROM ALL MANNER OF ACTIONS, WHETHER PAST, PRESENT OR FUTURE, ACTUAL OR CONTINGENT, ARISING OUT OF OR RELATED TO SUCH DUTIES, EXCEPT AS EXPLICITLY STATED IN THESE TERMS.

Warranties and Disclaimers

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Service.

OTHER THAN AS EXPLICITLY STATED IN THESE TERMS OR ADDITIONAL TERMS NEITHER PCM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability of Our Services

WHEN PERMITTED BY LAW, PCM AND PCM’S PROVIDERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PCM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICES AGAIN). IN ALL CASES, PCM, AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Prohibited Activities

The content and information on this website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to PCM.

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website. Additionally, you agree not to:

Use this website or its contents for any commercial purpose.
Access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website.
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of this website for any purpose without our express written permission.
“Frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PCM in connection with the website or the services.

Governing Law

These Terms will be governed by the laws of Colorado. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of the County of Denver, CO, USA, and you and PCM consent to personal jurisdiction in those courts.

Indemnity

By using our Sites, you agree to defend, indemnify, and hold harmless PCM and its partners from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that We may become obligated to pay arising or resulting from your use of the Site material or your breach of these Terms. PCM reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. These Terms are governed by the substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on our Sites, these Terms constitute the entire agreement between you and PCM with respect to your use of our Sites.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT PROVIDES THAT ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND PCM ARISING FROM OR RELATING IN ANY WAY TO: (1) THESE TERMS AND THEIR INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, AND THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS; OR (2) YOUR USE OF THIS WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST PCM INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.