TERMS AND CONDITIONS

Term

The initial term of  PAP membership is one (1) year (“Initial Term”). Division 1 Contracting PC shall send membership renewal invoices to its Members at least sixty (60) days prior to the Member’s membership renewal date.  Notices shall be sent via email to the  PAP Member’s email address provided on its Membership Application. A Member’s membership shall be renewed automatically for additional one (1) year terms (each a “Renewal Term”) under the same membership terms and conditions of such Member’s current PAP membership unless such Member notifies Division 1 Contracting PC in writing at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term of its intent not to renew or of its intent to change its membership category.

Termination Policy

If any Member cancels its membership prior to the expiration of the Initial Term or any Renewal Term, Member shall pay any outstanding amount plus a cancellation fee of $500.60 within five (5) days of cancelling its membership. If Division 1 Contracting PC does not receive full payment within five (5) business days of such cancellation, Member hereby authorizes Division 1 Contracting PC to charge Member’s credit card or debit Member’s debit card account in the amount of the remaining balance of Member’s membership plus cancellation fees. Division 1 Contracting PC may, in its sole and absolute discretion, terminate Member’s membership if Member fails to pay their monthly fee within five(5) days of invoice. If Member’s membership is so terminated, Member shall be obligated to pay all remaining PAP membership fees. If Division 1 Contracting PC does not receive full payment within five (5) business days of such termination, Member hereby authorizes Division 1 Contracting PC to charge Member’s credit card or debit Member’s debit card account in the amount of the remaining balance of  PAP Member’s membership plus cancellation fees. In the event that the card on file cannot be debited, a lien will be placed against the member's property for the amount of the remaining balance of package, cancellation fees, a daily interest of 35% and any other applicable fees and interest. 

Dues Increase: 
Division 1 Contracting PC may increase membership dues upon the expiration of a Member’s Initial Term or Renewal Term unless otherwise stated.

Content and Copyright Notice
Division 1 Contracting PC owns all right, title and interest in the Division 1 Contracting PC Site and all content on the Division 1 Contracting PC Site, as well as all other content created or otherwise owned by Division 1 Contracting PC (“Division 1 Contracting PC Content”). Division 1 Contracting PC Content is available to Members for their personal and non-commercial use. Any redistribution or reproduction of part or all of the Division 1 Contracting PC Content in any form is prohibited other than the following:

  1. Members may print or download extracts of the Division 1 Contracting PC Content for personal and non-commercial use only.

  2. Members may make copies of Division 1 Contracting PC Content for individual third parties for their personal and non-commercial use, but only if Members and such third parties acknowledge that the Division 1 Contracting PC is the source of the material and do not remove or alter any copyright notice in the Division 1 Contracting PC Content.

  3. Members may not, except with Division 1 Contracting PC’s

express written permission, distribute or commercially exploit the Division 1 Contracting PC Content nor transmit it or store it in any other website or other form of electronic retrieval system.

Confidential Information
Certain Division 1 Contracting PC Content may be marked “Confidential” or “Proprietary.” In that event, Member agrees to maintain the confidentiality of such content and not disclose or make it available to any third parties.

Contributions to Division 1 Contracting PC
Members may contribute to Division 1 Contracting PC Content, in various forms including, but not limited to, submitting ideas, participating in committees, and making presentations. Member hereby fully and irrevocably grants, assigns and conveys to Division 1 Contracting PC all right, title and interest worldwide in and to all Content conceived, reduced to practice, authored, developed or delivered by Member, Member’s officers, directors, employees, agents and independent contractors acting on Member’s behalf, either solely or jointly with others, including, but not limited to (i) any Content expressly labeled as “Content” or provided with an express statement that it is a contribution to Division 1 Contracting PC; (ii) any Content provided to Division 1 Contracting PC to be included in Division 1 Contracting PC standards, specifications, policies, guidance, reports, analyses, procedures that are published by the Division 1 Contracting PC or as part of a larger compilation or identified as a Division 1 Contracting PC publication, whether in written or electronic form; or (iii) any Content that is developed in connection with Member’s membership in Division 1 Contracting PC, developed in connection with Member’s participation in a Division 1 Contracting PC working group or committee, or developed by Member in connection with Member making a presentation at a Division 1 Contracting PC event. For purposes of this provision, “Content” means images, text, written works, standards, designs, graphics, pictures, business and product names, domain names, corporate names, logos, slogans, inventions (whether or not patentable), processes, formulae, industrial models, specifications, data, databases and data collections, technology, methodologies, computer programs (including all source codes, object codes, firmware, software, development tools, files, records and data and improvements thereof), software and any and all other copyrightable material. Content shall be the exclusive property of Division 1 Contracting PC (becoming Division 1 Contracting PC Content) and Division 1 Contracting PC shall have the right to use the Content, or any part or parts thereof, as it sees fit.

Member will not seek, and will require its officers, directors, employees, agents and independent contractors acting on its behalf, not to seek, patent, copyright, trademark, registered design or other protection for any rights in any such Content. Member agrees that it shall require its personnel, at Division 1 Contracting PC’s expense, to take any actions and execute all documents as Division 1 Contracting PC may reasonably require to vest in Division 1 Contracting PC or its nominees the rights referred to herein and to secure for Division 1 Contracting PC or its nominees all right, title and interest in and to the Content.

Division 1 Contracting PC Trademark Use & Conditions

Division 1 Contracting PC is the owner of the Marks (as hereinafter defined) and desires to allow Member to utilize the Marks only in accordance with the terms and conditions set forth herein. “Marks” shall include the name “Division 1 Contracting Professional Corporation,” the abbreviation “Division 1 Contracting PC” and any and all related designs and logos and any modifications or derivations thereof.

Division 1 Contracting PC grants to Member the non-exclusive, revocable right to use the Marks on Member’s presentations, web site, correspondence, business cards and other documents or media, solely for the purpose of identifying itself as a member of Division 1 Contracting PC. Member shall not use the Marks for any other purpose.

Any reference by Member to the Division 1 Contracting PC Site, including but not limited to www.division1.com, shall include a link to such website and any reference by Member to statistics, reports or other materials produced and/or owned by Division 1 Contracting PC shall include a reference to any and all of Division 1 Contracting PC’s copyright or other ownership interest in the same.

Member shall not have the right to sublicense, authorize or enter into agreements with other persons, firms, entities or corporations granting to any of them the right to use the Marks or any other property owned by Division 1 Contracting PC.

Unless terminated as provided below, Member’s right to use the Marks in accordance herewith shall terminate upon termination of Member’s membership in Division 1 Contracting PC for whatever reason.

Member’s right to use the Marks in accordance herewith may be terminated by Division 1 Contracting PC in the event Division 1 Contracting PC determines, in its sole and absolute discretion, that Member has failed to comply with the terms and conditions set forth herein.  In the event of termination, Member shall discontinue use of the Marks within three (3) days of the date of such termination.

Member acknowledges and agrees that Division 1 Contracting PC is the sole owner of the Marks and Member is estopped from claiming any ownership rights in the Marks or otherwise use any trademarks or service marks that are the same or similar to the Marks.

In the event Member becomes aware of (i) any use by third parties that infringes on the Marks, or (ii) any claims by third parties against Member’s use of the Marks, Member shall notify Division 1 Contracting PC of such infringement, claim, suit or demand.

Member agrees to defend, indemnify and hold Division 1 Contracting PC, its officers, directors, employees, agents, representatives, successors and assigns, harmless against all losses, damages or expenses of whatever form or nature, including reasonable attorney’s fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of Member’s use of the Marks.

If any legal action is initiated by either Member or Division 1 Contracting PC related to Member’s use of the Marks, the prevailing party shall be entitled to recover from the other party reasonable costs and attorneys’ fees in addition to any other relief that may be awarded.

Online Payment Center Terms and Conditions

By accessing or using Division 1 Contracting PC’s online payment service, Member agrees to be bound by all applicable terms and conditions. Division 1 Contracting PC may modify the terms and conditions at any time, with or without notice.

The Division 1 Contracting PC online payment service is provided to Member to facilitate payment of dues, sponsorships and other products and services. Member will receive a confirmation once payment has been received. Stripe, a third party service, processes payments.

Division 1 Contracting PC will not be liable for any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via this online payment service. Division 1 Contracting PC will not be liable for any damages of any kind arising from the use of this online payment site, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages. Division 1 Contracting PC will not be liable for any breach of Member’s personal or credit card information resulting from the interception of such information during its transmission to Division 1 Contracting PC. Member expressly agrees that its use of this service is at Member’s sole risk. Member agrees that it will not intentionally provide false information when accessing or using the Division 1 Contracting PC’s online payment service.
Division 1 Contracting PC is committed to Member’s privacy and will not distribute information sent via this service to third parties. Division 1 Contracting PC’s finance and membership departments alone have access to data collected and will not store any personally identifiable information, including credit card information.
For questions regarding using this online payment service, please contact info@thedivision1.com.

Recurring Payment Authorization (Credit Card/Debit Card)
By applying for recurring payments, Member accepts these terms and conditions authorizing Division 1 Contracting PC to charge the credit card or debit the debit card account that Member has specified in the amount of the balance due as part of Member’s Division 1 Contracting PC membership. Member agrees that the payment card specified by Member for automatic bill payments to Division 1 Contracting PC is, and will continue to be, an account that Member owns, and that Member will maintain sufficient availability under Member’s credit card limit, or sufficient funds in the account linked to Member’s debit card, as applicable, to pay Member’s Division 1 Contracting PC bill. The automatic charge to Member’s credit card or debit to Member’s debit card account will occur on or after the first day of the applicable month. Once the payment has been processed, Member will receive an electronic (email) notification that payment has been applied to Member’s card for the sum of Member’s partial membership dues from the Division 1 Contracting PC’s finance department.

These terms and conditions will constitute Member’s copy of Member’s recurring payment authorization to Division 1 Contracting PC. Member should print and retain a copy of this recurring payment authorization for Member’s records.

Recurring Payment Authorization Cancellation
Member may cancel its recurring payment authorization to Division 1 Contracting PC at any time. However, Member acknowledges and agrees that it must pay in total any remaining balance of Member’s membership fees for Member’s Initial Term or any Renewal Term plus cancellation fees via cashiers check, zelle or wire transfer at time of such cancellation. If Division 1 Contracting PC does not receive full payment within five (5) business days of such cancellation, Member hereby authorizes Division 1 Contracting PC to charge Member’s credit card or debit Member’s debit card account in the amount of the remaining balance of Member’s membership plus cancellation fees. In the event that the card on file cannot be debited, a lien will be placed against the member's property for the amount of the remaining balance of package, cancellation fees, a daily interest of 35% and any other applicable fees and interest. 

Disclaimers; Limitation of Liability

THE Division 1 Contracting PC SITE, Division 1 Contracting PC CONTENT AND ANY OTHER GOODS OR SERVICES PROVIDED BY Division 1 Contracting PC ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS MADE BY Division 1 Contracting PC WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. FURTHERMORE: (a) Division 1 Contracting PC MAKES NO WARRANTY THAT THE Division 1 Contracting PC SITE OR Division 1 Contracting PC CONTENT, AND ACCESS THERETO, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (b) MEMBER’S USE OF THE Division 1 Contracting PC SITE AND Division 1 Contracting PC CONTENT, AND MEMBER’S RELIANCE THEREON, IS AT MEMBER’S OWN RISK; (c) Division 1 Contracting PC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ADEQUACY, TRUTH, COMPLETENESS, ACCURACY OR TIMELINESS OF Division 1 Contracting PC CONTENT, AND; (d) Division 1 Contracting PC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

UNDER NO CIRCUMSTANCES SHALL Division 1 Contracting PC OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF MEMBER’S MEMBERSHIP IN Division 1 Contracting PC, THE USE OF, OR INABILITY TO USE, THE Division 1 Contracting PC SITE OR Division 1 Contracting PC CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Division 1 Contracting PC OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Division 1 Contracting PC’S MAXIMUM LIABILITY TO ANY MEMBER SHALL BE THE AMOUNT OF THE MEMBERSHIP DUES PAID BY MEMBER TO Division 1 Contracting PC IN THE TWELVE MONTHS PRECEDING THE MEMBER’S CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Division 1 Contracting PC AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF SUCH JURISDICTION.

Governing Law and Venue

These Terms and Conditions shall be construed, enforced and performed in accordance with the laws of the State of Georgia, without reference to its principals of conflicts of laws, to the extent not pre-empted by federal law. The United States District Court or any State Court located in Georgia, Georgia shall have exclusive jurisdiction over the parties to enforce these Terms and Conditions.

If you have any questions in regards to the information in this document, please contact  info@thedivision1.com.

By purchasing our preservation acquisition preservation package you are agreeing to our terms and condition.  The plan is effective immediately after the following requirements are met: customer must complete and submit the property inspection checklist which will be emailed to customer with welcome package or wait 30 days after purchase to submit any work orders. The forms can also be downloaded at www.thediision1.com

The Promotional PAP service can only be cancelled after the 12 month commitment is fulfilled. Any cancellations before the 12 month period will incur a cancellation fee of $500.60 and is subjected to all the terms and conditions written in this section.  All commercial properties under the promotion is limited to 9200 square footage. All work orders have to be summitted online in order to be scheduled, no work order will be accepted by phone.

Customers that cancel for any reason that are currently on a customized, special or promotional PAP pricing is automatically ineligible for all future promotional, special pricing , customized PAP and all  discounts. Customers that decide to rejoin the PAP program after cancelling will only qualify for the regular pricing listed under each property.  

customers that pay invoices for any services, acknowledge that their payment/s is  their signed agreement to all  the policies, terms and conditions of Division 1 Contracting Professional Corporation.