The Pipeline Connection, LLC
Last Revised: March 2, 2020
AGREEMENT TO TERMS
The Site and our Services are intended for Users who are at least eighteen (18) years old. Persons under the age of eighteen (18) are not permitted to use the Site or our Services.
CHANGES TO THESE TERMS
USER REGISTRATION & CONSENT FOR COMMUNICATIONS
By creating a profile on or through the Site as a Client-Owner, Employee, or Vendor, you agree that we may contact you by mail, phone, email, and/or text message, at our sole discretion. You may opt out of receiving text messages or update your communications preferences at any time by changing your preferences in your user profile on the Site or by emailing us at [email protected].
Our Services vary based on your User role. For example, if you are a Client-Owner, our Services to you are based on one of three Service Tiers you select during registration, which include the following:
|Feature||Tier 1 ($79.99/month)||Tier 2 ($129.99/month)||Tier 3 ($179.99/month)|
|Post jobs||Not included||5/month||10/Month|
We may offer further services to our Client-Owners at an additional, per-service cost, such as job postings in excess of those included in any given Service Tier.
For prospective employees (“Employees”), our Services include providing a digital, website-based platform through which Employees can seek out Client-Owners who are hiring, view open jobs posted by Client-Owners, and engage or interact with Client-Owners, whether through features provided on the Site, through electronic mail, or through other means of communications provided by the Client-Owners.
For vendors and service-providing independent contractors (“Vendors”), our Services include providing Vendors with the means to advertise their services to Client-Owners looking for assistance on specific jobs or projects, as well as providing a website-based platform for Vendors to communicate with Client-Owners. We offer these Services to Vendors for a minimum monthly subscription fee of $9.99/month. Vendors may incur additional costs for a la carte Services in addition to those described in this paragraph.
All costs of Services provided herein are subject to change and are exclusive of any sales tax, gross receipts tax, or other tax obligations imposed on a state-by-state basis. Any tax shall be paid by the recipient of our Services in addition to those other costs described herein.
THE PIPELINE CONNECTION, LLC may allow Client-Owners, Vendors, or other third parties (each an “Advertiser”) to place advertisements on the Site, with advertisements visible to THE PIPELINE CONNECTION, LLC’s users. Advertisements may or may not be configured to target a specific audience, with such configuration and the cost of such advertisements to be negotiated by and between THE PIPELINE CONNECTION, LLC and the Advertiser on a case-by-case basis.
THE PIPELINE CONNECTION, LLC does not endorse any Client-Owners, Employees, or Vendors, and our allowance of any User’s use of the Site and our provision of Services to them does not constitute a recommendation or endorsement of that User, their qualifications, or their fitness for engagement. By using the Site and our Services, you agree to diligently investigate any other User with whom you intend to communicate, engage, or provide services and/or employment to. You further agree to release, defend, indemnify, and hold THE PIPELINE CONNECTION, LLC (including, without limitation, THE PIPELINE CONNECTION, LLC’s owners, agents, employees, contractors, and affiliates) harmless from and against and any all claims that may arise from your use of the Site and our Services and your engagement of or interaction with any other User of the Site.
FEES AND PAYMENT
Due to the monthly nature of our billing practices, we do not offer any refunds for amounts paid by our Users for the Services or for access to and use of the Site.
By enrolling in the Program, you agree to communicate with us in a timely manner about any charges, fees, or other amounts invoiced to you or charged to your provided payment method which you believe are in error. You further agree not to seek a chargeback on any credit card payments already made to us. In the event that you initiate a chargeback, you agree that we may (and shall) initiate a chargeback fee of $100 in addition to any amounts incurred by us in collecting the amounts charged back.
You may obtain assistance using our Site’s contact form or by emailing us directly at [email protected].
Supported carriers for our text message features include:
Major carriers: AT&T, Verizon, T-Mobile, Sprint, Rogers, Bell, Fido, Telus and Wind Canada.
Minor carriers: 365 Wireless, Alaska Communication System (ACS), Advantage Wireless, Alltel Wireless, Bluegrass Cellular, Boost Mobile, Carolina West Wireless, Cellcom, Cellular South, Clear Talk Wireless, Commnet Wireless, Copper Valley Telecom, CTC Telecom, GCI Wireless, Google Voice, Illinois Valley Cellular, Inland Cellular, James Valley Communications, Leaco, MetroPCS, MTA Communications, NewCore Wireless, Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pinpoint Communications, Southern Linc, SRT Communications, Standing Rock Telecom, Thumb Cellular, Simmetry (TMP Corporation), United Wireless.
Supported carriers are not responsible for the Services or for any lost or missed communications.
END USER LICENSE
All content included on the Site, such as text, graphics, logos, or images, as well as the compilation thereof, and any software used on or in the Site, is the property of The Pipeline Connection, LLC or its subsidiaries or affiliates and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on or in the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you may not delete or alter any proprietary rights or attribution notices in any content. You may use protected content solely for your personal use and will make no other use of the content without the express written permission of us and of the copyright owner. You agree that you are not acquiring any ownership rights in any protected content by use of the Site. We do not grant you any licenses, express or implied, to the intellectual property of The Pipeline Connection, LLC or our licensors except as expressly authorized by these Terms.
We retain the right to suspend or terminate your account on the Site and refuse any and all current or future use of the Site or (or any portion thereof) at any time and for any reason.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account, whether under your real name or a pseudonym. Additionally, you may not create any user accounts on behalf of any third parties. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, for example and without limitation, pursuing civil, criminal, and injunctive remedies, in our sole and absolute discretion.
MODIFICATIONS AND INTERRUPTIONS
There are many factors outside of our control that may affect your experience with the Site or Services. For example, a vendor with whom you contract may prove unable to satisfactorily provide services to you, or a Client-Owner may prove unfit as an employer. To the fullest extent permitted by law, we disclaim all liability for any loss, damage, or injury you may experience resulting from any User’s interaction with or professional relationship with any other User, whether current or former, or from a User’s use of the Site or our Services in general.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. EACH PARTY WAIVES THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL AND/OR JOIN CLAIMS WITH THE CLAIMS OF ANOTHER THROUGH THE USE OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website (www.adr.org). To the fullest extent permitted by law, your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Arbitration Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will provide a written decision along with their findings of fact and conclusions of law, if any. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Texas. Any judgment rendered through arbitration shall be binding upon the Parties and such judgment may be submitted to and entered in any court of competent jurisdiction.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party and (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
If this arbitration provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information about the Site or the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information about the Site or the Services at any time, without prior notice.
THE SITE AND OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, OUR SERVICES, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR OUR SERVICES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE OR OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE OR OUR SERVICES, AND (7) ANY COMMUNICATIONS OR MATERIALS SENT TO YOU BY ANY OTHER USER OF THE SITE.
LIMITATIONS OF LIABILITY
To the fullest extent provided by law, in no event will we or our owners, directors, employees, agents, or vendors be liable to you or any third party, including other Users, for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or our Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Creating an account on the Site, sending us emails, or completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, whether by email or SMS/MMS message, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
For complaints, questions, or more general inquiries, you may contact us at:
The Pipeline Connection, LLC
3050 Post Oak Blvd, Suite 510
Houston, TX. 77056
Email: [email protected]m
Phone: +1 (832) 802-7212
Effective as of March 2, 2020