TERMS & CONDITIONS

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products, or services with our lead referral subscription, social marketing subscription, or other services and are collectively referred to as "Services.” “Swimming Pool Pros,” “us,” “we,” “Your Lead Service,” “Home Remodel Buddy,” “Swimming Pool Quotes,” “SwimmingPoolQuotes.com,” and “Funnel Social” refer to Funnel Social, LLC and its affiliates.  “You,” “Your,” “Yours” refer to subscribers and users of our services.

When we process your initial payment for our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must contact us in writing to discontinue your Service. To cancel or suspend your Service, email pause@funnelsocial.com. Immediately contact your account representative directly or customerservice@funnelsocial.com if you have any questions about the Terms of Service.  

As part of your use of the Service, you affirmatively consent to the processing and storage of your personal information, including, for example, your name, your company name, e-mail address, telephone number, credit or debit card or other payment information; including the processing and storage of your personal information for the purposes of processing payments. Furthermore, you consent to our use of your business-related pictures and content for the purposes of promoting your services and or our services. 

Funnel Social, LLC reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changes or updated terms on www.FunnelSocial.com  (the “Website”). Your continued use of the Service constitutes your agreement to abide by the Terms as changed. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means such as instant messaging, text, or email. 

Subscription Plans and Services 

Funnel Social, LLC offers various types of subscription plans and Services. Offerings may include referrals, social media posting, social media promotion, and digital media creation. If payment cannot be collected, we may temporarily downgrade your Offering and charge you for a less expensive subscription or Service. 

Once your initial payment is successfully processed, your Service will begin. We will send you an email with the following information: 

1.      The company information you provide to us upon enrolling in the Service. This information may include your company’s name, primary contact name(s), address, website, Facebook page, email(s), phone, including mobile, number(s), fax number(s), service offering(s), and service area; 

2.      The email(s), mobile number(s), fax number(s) where you want us to communicate with you and where you want us to send your referrals, also known as your “referral distribution information;” 

3.      The amount of your automatically renewing subscription fees or fee structure; 

5.      Other pertinent information about your service, including a link to these Terms. 

You are responsible for verifying and maintaining the accuracy of the information we email to you. We assume no liability for referrals you do not receive when they have been dispatched to the email(s), mobile number(s), and/or fax number(s) you provided us. Please make any adjustments to your email settings, including your address book and safe sender list, to ensure timely receipt of referrals. Once your account is active, we will send your first referral as soon as we receive and validate one in your area. We will send your referrals using the referral distribution information you provide to us. We will only send referrals to the email(s), mobile number(s), and fax number(s) you specify to us upon placing your order for the subscription or Service. To review this information, refer to the email we sent you.  If you do not receive this email or misplace it at any time, contact your account representative directly or email us at customerservice@funnelsocial.com and we will email you a copy.  If you need to update any of the information contained in this email your account representative at customerservice@funnelsocial.com with the necessary changes. 

By enrolling in one of our offerings you warrant that: 

1.      You are legally capable of entering into binding contracts; 

2.      All enrollment information you submit is truthful and accurate; 

3.      You will maintain the accuracy of such information; 

4.      You will not impersonate any other person or company while using the Service; 

5.      Your use of the Service does not violate any applicable law or regulation. 

Subscriber and Service Material 

To effectively promote, market or advertise your company, some subscriptions and Services may require you to provide us with photographs and other content that displays, depicts, or showcases your company, including its workmanship (“Service Material”). Service Material is not considered to be confidential. If you do not provide us with Service Material or the material you do provide us is deemed unusable or inadequate, we may collect and use publicly available information including photographs provided on your website, Facebook and other similar social networking profiles. We may link Service Material or parts of Service Material to other material, including material created by Funnel Social, LLC. We may link Service Material or parts of Service Material to third parties, such as Facebook and other social media environments.  We may use Service Material for our internal business purposes, for example, to examine trends or to promote, market or advertise Funnel Social, LLC and our family of websites (including but not limited to www.swimmingpoolquotes.com, www.homeremodelbuddy.com, www.qualitywindowquotes.com). You acknowledge that we may indirectly commercially benefit from the use of your Service Material. 

If you wish us to remove your Service Material, or wish to edit the Service Material we publish, email your account representative directly or contact customerservice@funnelsocial.com.  Removal of your Service Material will negatively impact the success of your subscription or Service. 

Payments 

Services are billed as subscriptions, one-time purchases, and invoiced on a monthly or regularly basis.  Subscriptions to our service are prepaid in accordance with your agreement. For example, a subscription may be billed in monthly installments, or for a specified number of referrals, social posts, etc. While your account is active, you acknowledge and agree that Funnel Social, LLC is authorized to collect payment using the same payment method used for the initial Service fee payment method you provide to us. Subscription fee amounts and applicable fee schedules are indicated in writing via email. Subscription fees will continue to be billed to the payment method you provide to us automatically, until canceled. You must cancel your subscription before it renews in order to avoid payment. Refunds cannot be claimed for any partial-month or after you have reached the agreed-upon number of referrals, posts, etc. You must contact us in writing to discontinue your Service. To cancel or pause your subscription, email pause@funnelsocial.com.  

You agree to promptly notify Funnel Social, LLC of any changes to the payment method you have provided us while any Subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, for all Services purchased by you. If payment cannot be collected, we may temporarily downgrade your Service and charge you for a less expensive Service.  In the course of your use of the Service, Funnel Social, LLC and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent interruption of Service by an outdated or invalid card. This disbursement of the updated credit card information is provided to Funnel Social, LLC and Funnel Social, LLC’s third-party service provider at the sole election of your credit card issuer. You may have the right to opt-out of this service. Please contact your credit card issuer directly if you wish to opt-out of this service. You agree to not hold us responsible for banking charges incurred due to payments on your account. If we do not receive payment from the payment method you provide, you agree to pay all amounts due upon demand by us. After 90 days of continuous subscription service, we may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the subscriptions. Please note, depending on the type of subscription or Service purchased, charges on your credit card statements may read “SwimmingPoolQuotes,” “Funnel Social,” “Your Lead Service,” “HomeRemodelBuddy.” 

Referral Returns and Credits, and Refunds 

We reserve the right to review and refuse all requests for referral credit and refund. Occasionally we will accept a request for referral credit if you receive a referral outside of your service area or service offering. We do not refund referrals from any of our subscription plans or Services. We will not consider referral credit requests submitted after 30 days of you receiving the referral. We will not consider credit requests for referrals who have resubmitted a request for quotes after two (2) months. We assume no liability for referrals you do not receive when they have been dispatched to the email(s), mobile number(s), fax number(s) you provided us. Refunds cannot be claimed for these referrals. Please make any adjustments to your email settings, including contacts and safe sender lists, to ensure you receive all referrals in a timely manner. 

 Once you have emailed to cancel or suspend your subscription or Service, we will stop sending you referrals, even if you have prepaid for them. We do not provide full or partial refunds for any of our prepaid subscriptions or Services.

Chargebacks

As a user of our Services it is important to keep the lines of communication open. If you have an issue, please contact us. We can always work together to resolve issues you may have. Do not initiate a chargeback with your credit card or bank. Chargebacks negatively affect our business and we take each one extremely seriously. We perceive each chargeback as an unscrupulous act. As such, we can no longer recommend your service or company to homeowners. In the event of a chargeback, we will promptly notify all of the homeowners we have connected with your company to tell them that we can no longer, in good conscience or legally, recommend you as a builder. Further, we will use all legal remedies at our disposal.

Membership 

Upon enrolling in the Services, you automatically become a member (“Member”) of our network. As a Member, you opt-in to receive occasional messages from us including newsletters, special offers, surveys, and service or product-related communication. 

As a member of our contractor network, you agree to indemnify, defend and hold us, our agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties ("Consultant Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including, but not limited to, damage awards, settlement amounts, and reasonable legal fees), brought against us, arising out of, related to, or which may arise from your actions, and/or your breach of this Agreement. We are not licensed contractors.

Cancellation by You 

You may cancel your automatic renewals of your subscription or Service at any time by emailing pause@funnelsocial.com. Cancellation of Service is effective immediately. Once you have emailed to cancel or suspend your Service, we will stop sending you referrals, even if you have prepaid for them.  Upon your request, we will cancel your Service or subscription after you have received your last prepaid referral. Please note, we can only honor a request to cancel or pause Service from the authorized member(s) of your organization. We cannot guarantee a prompt reply if you choose to cancel your service using another email or phone number. If you continue to receive referrals after you have emailed us to cancel, contact us again to assure that you do not incur unintended charges for these additional referrals.  

Cancellation by Us 

We may suspend or terminate your Service as a result of your fraud or breach of any obligation under these Terms. We may suspend or terminate your Service if fees owed cannot be collected. Such termination or suspension may be immediate and without notice. 

Promotion Codes or Offers 

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new customers except where expressly stated otherwise. Previous subscribers or trial subscribers do not qualify as new subscribers. Unless otherwise stated, all pricing promotions or discounts will apply to the initial period of the subscription or Service, and any renewals will be charged at the rate in effect at the time of renewal for the type of Service purchased. 

Prohibited Use of the Service 

You agree not to impersonate any other person or company while using the Service, conduct yourself in an offensive manner while using the Service, or use the Service for any illegal, immoral, or harmful purpose. Your Service is intended for internal use only. You agree not to sell, resell, give, trade, or otherwise transfer any referral information to any other entity or persons except so that you can meet with the consumer and provide a free estimate and your services. You agree to contact our referrals in a commercially responsible & reasonable manner as prescribed by industry standards, regulations, and law. 

Assignment by Us 

Funnel Social, LLC may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. 

 Indemnity by You 

You agree to defend, indemnify and hold Funnel Social, LLC and its members, managers, employees, and agents harmless from any and all claims, liabilities, cost, and expenses, including reasonable attorney’s fees, arising in any way from your use of the Subscription. 

 Warranties and Limitations 

Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements and we cannot guarantee that the Service will be fault-free. If a fault occurs in the Service, please contact your account representative directly or email us customerservice@funnelsocial.com  to report your complaint. We will review your complaint and where we determine it is appropriate to do so, we will correct the fault. Services are provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness of their content. We assume no liability or responsibility for any errors or omissions in the content of the Subscription. We make no warranties or representations that your use of content and information provided in your Services will not infringe the rights of third parties. 

WE MAKE NO WARRANTY, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF TITLE AND NON-INFRINGEMENT.