Terms and Conditions

Last Modified: May 1, 2019

Acceptance

By using Bullpen or signing up for an account, you’re agreeing to these terms and conditions (“Terms and Conditions”), which will result in a legal agreement between you and Bullpen (“Agreement”).  These terms and conditions are entered into by and between you, the user of the Services (“you” or “your”) and Bullpen Home Services, Inc. (“Bullpen”, “we” or “us”) and govern your access to and use of Bullpen’s websites, including www.getbullpen.com (each, a “Website”) and any applications, websites, content, functionality, and services offered by Bullpen on or through the Website and Application (collectively referred to as the “Services”).

Please read these Terms of Conditions carefully before accessing or using the Services. By accessing and using the Services, you accept and agree to be bound to and abide by these Terms and Conditions, our privacy policy for the Services found at www.getbullpen.com/privacypolicy (the “Privacy Policy”) and , Bullpen’s service level agreement (“SLA”), if you are a service provider of Bullpen that provides requested job services to Bullpen customers through the Services (a “Service Provider”), and The Bullpen Promise (“BP”) if you use the Services to receive job services from a Service Provider (a “Customer”), as they may be amended from time to time by Bullpen.

If you do not agree to these Terms and Conditions, the Privacy Policy, the SLA or BP, you must immediately discontinue use of the Service. These Terms, our Privacy Policy, the SLA and the BP constitute the sole and entire agreement between you and Bullpen with respect to the Services. In the event of a conflict between the terms of the SLA, with respect to a Service Provider, and these Terms and Conditions, the terms of the SLA shall control. In the event of a conflict between the terms of the BP, with respect to a Customer, and these Terms and Conditions, the terms of the BP shall control. As used herein, the words “including” and “include” mean “including, but not limited to.”

The Services and the collection of data through the use of the Services are not offered nor available to users who are 13 years of age or younger. By using the Services, you represent and warrant that you are not below the age of 13 and that you are of 18 years of age or older. If you do not meet these requirements, you may not access, use, or install the Services. Please see our Privacy Policy for more information on using our Services.

We may revise and update these Terms and Conditions, the Privacy Policy, SLA, and BP from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of such revisions means that you accept and agree to the changes. You are expected to check this page each time you access the Services, so you are aware of any changes, as they are binding on you.

Bullpen is a North Carolina Corporation based in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

License

Subject to your compliance with these Terms and Conditions, Bullpen grants to you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: access and use the Website and its content solely for the purpose of facilitating the receipt of (if you are a Customer) or provision of (if you are a Service Provider) services for job requests originated through the Website.

You may not: (a) copy the Services; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (e)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.

You acknowledge and agree that the Services are provided under license, and not sold, to you. The Services and all rights therein are and shall remain Bullpen’s property or the property of Bullpen’s licensors. Any rights not expressly granted herein are reserved by Bullpen and Bullpen’s licensors.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including payment solutions) provided by third parties (“Third Party Providers”) that Bullpen does not control (including the collection of payment information). You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Bullpen does not endorse such third-party services and content and in no event shall Bullpen be responsible or liable for any products or services of such Third-Party Providers.

User Accounts

To access the Services, you may be required to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide through the Services is correct, current, and complete. You agree that all information you provide to register for use of the Services or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity (your “Account”). You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be liable to you for any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Text Messaging

By creating an Account, you agree that Bullpen may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Bullpen at any time by emailing support@getbullpen.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Promotional Codes

Bullpen may, in Bullpen’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to the Services and/or a Third-Party Provider’s or Service Provider’s services, subject to any additional terms that Bullpen establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bullpen; (iii) may be disabled by Bullpen at any time for any reason without liability to Bullpen; (iv) may only be used pursuant to the specific terms that Bullpen establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Bullpen reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Bullpen determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms and Conditions.

Collection and Use of Your Information

You acknowledge that when you use the Services, Bullpen may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Services. All information we collect through or in connection with the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Payment

When you sign up for a Subscription with Bullpen, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Plan.  In consideration for the Service to be provided by Bullpen, you agree to pay the subscription fees set forth in the order (the “Subscription Fees”). Paid Subscription Fees are non-refundable.

Additionally, Bullpen may also provide certain services labeled as “Transactional”. Through the use of transactional services, the user will pay for services upfront prior to the services being rendered. 

Our Fees are posted on our Website and may be changed from time to time. If a customer is signed up to a Subscription Service and any part of a month is included in the Term, then payment is due for a full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Billing Date”).

If Customer is signed up to a Subscription with a credit card, Customer hereby authorizes Bullpen to charge such credit card for Fees on a regular basis until such time as service has been paid in full or until the account is terminated. If Customer is paying for the Services by credit card and such credit card is declined, Bullpen will send Customer notice thereof to Customer’s email address on record.

As long as you’re a customer using a Subscription Service or otherwise have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll update the information for any credit card that expires with information of a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your Services until your payment can be processed.

Term and Termination

Your purchase determines the initial term (the “Initial Term”) of your Agreement. For Transactional Services, the Term will conclude upon completion of said service. For Subscription Services, this Agreement will automatically renew for successive terms equal to the same period of time as the Initial Term (each, a “Successive Term,” together with the Initial Term, the “Term”), and you will continue to be billed for the Fees until this Agreement is terminated in accordance with the terms and conditions set forth herein. At any time during the Term, either Customer or Bullpen may terminate this Agreement for any reason. If Customer desires to terminate this Agreement, Customer may request a termination by emailing Bullpen customer support at support@getbullpen.com, (a “Valid Termination Notice”). Customer acknowledges that allowing a credit card to expire or failing to submit payment by check does not constitute a Valid Termination Notice. Any Customer termination request that occurs in the middle of a payment term (whether monthly, quarterly or annually, will be made effective on the final day of such term. Upon termination of this Agreement for any reason, all Customer Recipient Data may be destroyed and deleted in accordance with the terms and conditions.

Amounts paid are not refundable. Both Transactional and Subscription Services are pre-paid. If any part of a month is included in the Term for Subscription Services, then payment is due for the full month. Payments are due for any term on the same or closest date to the day you made your first payment. As such, any cancellations that occur in the middle of a term (month, quarter, or year depending on payment schedule) will be made effective on the final day of such term. All plans paid monthly are renewed on an annual basis. All plans paid quarterly are also renewed on an annual basis. Notwithstanding any termination of this Agreement, Customer will remain obligated to pay Bullpen Fees for services which were incurred prior to (and on) the effective date of such termination.

Consent to Use of Electronic Signatures and Records

As a convenience and courtesy to you, Bullpen provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on the Site or by otherwise agreeing to the terms and conditions set forth in any agreement posted on the Site:(a) you agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;(b) you have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, the Policies and any amendments hereto or thereto;(c) you agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;(d) you are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and(e) you agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement. If you wish to withdraw this consent, please contact us at support@getbullpen.com, in which case Bullpen shall have the right to terminate your use of the Services.

Disclaimers; Limitations of Liability; Indemnity

You acknowledge and agree that we 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 Services for any reconstruction of any lost data. 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, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND OTHER ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING YOUR USERNAME, PASSWORD, AND OTHER PERSONAL INFORMATION) IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY OTHER ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BULLPEN NOR ANY PERSON ASSOCIATED WITH BULLPEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BULLPEN NOR ANYONE ASSOCIATED WITH BULLPEN REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APPLICATIONS, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BULLPEN MAKES NO WARRANTY WITH REGARD TO THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH WITHIN THE BP (IF YOU ARE A CUSTOMER) OR SLA (IF YOU ARE A SERVICE PROVIDER) AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL BULLPEN, ITS LICENSORS, OTHER 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 THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

To the full extent permitted by law, you agree to defend, indemnify, and hold harmless Bullpen, its affiliates, licensors, and other 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 violation of these Terms of Use, the SLA (if you are a Service Provider), the Bullpen Promise (if you are a Customer), or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, the SLA (if you are a Service Provider), and the BP (if you are a Customer), or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each instance located in Wake County, North Carolina, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country and also retain the right to submit all claims to binding arbitration located in Wake County, North Carolina. We have the unilateral right to determine whether a dispute between you and us shall be submitted through mandatory, binding arbitration. You waive any and all objections to the exercise of jurisdiction and venue over you by such courts or arbitration panels.

TO THE FULL EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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.

Waiver and Severability

No waiver of by Bullpen of any term or condition set forth 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 Bullpen 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.

General

You may not assign these Terms and Conditions without Bullpen’s prior written approval. Bullpen may assign these Terms and Conditions without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Bullpen’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Bullpen or any other Service Provider, other Customer, or Third-Party Provider as a result of these Terms and Conditions or use of the Services. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Bullpen’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bullpen in writing.

Your Comments and Concerns

All notices, feedback, comments, requests for technical support, and other communications relating to the Website should be directed to Bullpen at: support@getbullpen.com.