1. Agreement to Terms
By accessing or using EstimatingSoftwarePro, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
2. Service Usage & Indemnification
EstimatingSoftwarePro provides software for creating estimates and managing service business operations. We are not a party to any transaction between you and your customers.
You agree to indemnify, defend, and hold harmless EstimatingSoftwarePro, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
3. Limitation of Liability
In no event shall EstimatingSoftwarePro or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on EstimatingSoftwarePro's website.
Maximum Liability: To the maximum extent permitted by applicable law, in no event shall EstimatingSoftwarePro's aggregate liability for all claims relating to the service exceed the greater of one hundred US dollars ($100) or the amount you paid EstimatingSoftwarePro in the last 12 months.
4. Dispute Resolution
Governing Law: These Terms shall be governed by and defined following the laws of the State of Texas. EstimatingSoftwarePro and yourself irrevocably consent that the courts of Texas shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Dispute Location: Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Austin, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
5. Payment Processing
Payment processing services for EstimatingSoftwarePro are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. By agreeing to these terms or continuing to operate as a user on EstimatingSoftwarePro, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
6. Contact Us
If you have any questions about these Terms, please contact us at support@estimatingsoftwarepro.com.